Can a husband kick his wife and child out of their home during a seperation?

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Can a husband kick his wife and child out of their home during a seperation?

An old friend of mine recently had a surprising visit from a half dozen or so sheriff deputies. They ripped up 3 marijuana plants from the back yard then knocked on the door. My friend’s stepdad answered the door and the officers asked if they could come in to see if anyone else was home. The stepfather granted them access. While inside the house they went through my friend’s belongings and found a large amount of marijuana and a couple smoking apparatus. They seized everything and said no one was getting arrested. My question is can they come back around and arrest him later for the items already seized?

Asked on August 7, 2017 under Family Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless it is a legal separation (or until there is a final decree of divorce), the home remains the "joint marital residence". This means that you both have right to occupy the premises; this is true regardless of whose name that the deed/lease is in.


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