Can someone force a spouse to move out?

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Can someone force a spouse to move out?

A friend of mine is married, living with her husband in MD. The home they live in is owned by her parents. She wants to separate from him by having him move out. She has tried giving him a separation agreement, asking him to leave, and appealing to his parents. Is there any way for her or her parents to force him to move out?

Asked on August 11, 2016 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they do not rent from the parents, but are the parent's guests in a home owned by the parents, the parents may "eject" him (if someone is a guest, not a tenant, you don't per se; instead, you file an action "for ejectment," which is basically eviction for non-tenants...it is more procedurally complex than an eviction action in most cases, and hiring an atttorney would be recommend). The owners of a home may ask a guest to leave at any point and file an ejectment action if he will not.
If the friend and her husband rents from her parents, they (the parents) may evict him if he gives the good cause, such as nonpayment of rent, damaging the property, etc. But if he's a good tenant (even if arguably not a good husband), they can't make him leave while a lease is in effect.
In either event, it's the parents, who own the home, not the daughter, who simply lives in the home, who may have the right to remove him.


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