How Long Will I Be Able to Stay in My House After a Divorce in Maryland?
When a couple gets a divorce in Maryland, who retains the marital home and when the other party has to move out differs from case to case. Each Maryland divorce is different, and the factors that affect not only the ownership questions about the house but the time frame involved in the couples staying in the house are numerous. Talk to a Maryland divorce attorney for specific legal advice about Maryland divorces.
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Divorce Requirements
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How long either spouse can remain in the marital home depends upon the divorce decree and the property settlement the spouses enter into. Maryland is an "equitable distribution" state, meaning that if the couple cannot agree to how to divide their property, the court will divide it based on what it believes is fair. A couple has the right to come to an agreement about who will own the home after the divorce, or if they want to sell it and divide the sales proceeds. When the couple agrees to sell the home, they must vacate the home in accordance with the terms of the sales contract.
Marital Home
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In some divorces, the couple chooses to keep the marital home or agrees to allow one spouse to keep the home in her name only. In these situations, the date in which the nonowner spouse must move out varies. For example, if one spouse agrees to retain ownership of the home, that spouse has the right to order the other spouse out as soon as she gains title to the home.
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Temporary Orders
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Another factor to consider in a Maryland divorce is whether the court has issued orders that limit contact between the parties. According to Maryland family law attorney Josephine A. Lynch, a Maryland court can impose various orders that limit one or both parties from being near one another, especially in divorces where violence is alleged. A court can, for example, order a spouse to stay away from the marital home. If this happens, the spouse must comply with the court order even before the court makes a final divorce decree. Failure to leave the home or stay away can result in criminal charges.
Other Considerations
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After a court grants a couple a divorce in Maryland, the couple is no longer legally married. Other than that, they retain the same rights as anyone else. If a couple wants to remain living in the same household and there is nothing else to prevent it, the couple can choose to remain living in the same house for as long as they wish. The question of who owns the home is still largely dependent upon the divorce decree, but a homeowner is free to use her home as she sees fit, including allowing her ex-spouse to reside in the home for as long as she wishes.
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