How do I keep my husband out of the house?

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How do I keep my husband out of the house?

My husband and I are separated. I have a 16 year old son and we have a house together. Is there

anyway to keep him out of the house if both of our names are on it?

Asked on November 17, 2016 under Family Law, Maryland

Answers:

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

Answered 4 years ago | Contributor

Unless and until you have either a formal separation agreement in effect or a final decree of divorce issued, the house remains what is known as the "joint marital residence". This means that the both of you have equal rights to use and occupancy. This is true no matter whose names are on the deed. Accordingly, you must give your husband access to the house. That is so long as he has done something to make you or your son fear for your safety. If so, then you can go to court to obtain a protective order to keep him from entering the prmeises. At this point, you may want to consult directly with a divorce attorney in your area; they can best advise you further.


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