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Can me and my husband live in the same home while we are seperated ?

Bryans Road, MD |
Filed under: Divorce Adultery

I am filling for divorce in Maryland but we both cannot afford to live on our own during the seperation period, can we both live in our home if we make part of the home a seperate living area or an apartment until we sell the house?

Attorney Answers 1


If you are filing for divorce under the no-fault grounds of one year voluntary or two year's involuntary separation, Maryland law requires that you reside under "separate roofs", that is not in the same house.

However, you can live in the same house and file for divorce under fault grounds, which include desertion, cruelty and adultery.

And, most importantly, you can live in the same house with a separation agreement, which can give you almost everything a divorce gives you, except the right tor remarry.

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