If my wife is rushing fast with a divorce and wants me to sign divorce sign papers, must I then moveout?

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If my wife is rushing fast with a divorce and wants me to sign divorce sign papers, must I then moveout?

Asked on January 25, 2019 under Family Law, Maryland

Answers:

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

Answered 2 years ago | Contributor

Unless and until a final decree of divorce has been granted, either spouse has the right to remain in occupancy since a couple's home remains the "joint marital residence". This is true no matter whose name  is on the deed/lease. After that time, who has the right to occupy the home will be determined by the court and set forth in the decree. The exception being, if one spouse puts the other spouse in fear for their safetry, then the innocent spouse can apply for a protective order so that the offending spouse can be removed from the home.


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