Do I have a right to stay in a house with my son that my husband bought before we got married?

Asked over 5 years ago - Derwood, MD

My husband bought the house we lived in together in his name only before we got married. Since then we have a mutual son and now 5 years later he left and wants a divorce. He is asking me to leave the house with my son stating I don't rights to the house. I live in MD. We don't have a legal separation agreement yet...nor a parenting agreement.

Attorney answers (2)

  1. Stuart H Grozbean


    Contributor Level 12

    Answered . Absent a Court Order, he can ask you to leave. You should consult with a lawyer to determine if you file for divorce the likelhood of a domestic court granting you use and possession of the marital home. Failing to file for custody and divorce may cause him to file for a possessory action to have you evicted. Each set of facts is different so this answer is general in nature.

  2. David C. Garner

    Contributor Level 15

    Answered . I'm not licensed to practice in Maryland, so I'll offer some general advice based on general principles of law. Plus, I'm not familliar with the pecularities of Maryland divorce law.

    That said, since he acquired this house before marriage, the court will probably look at it as a separate property asset (not marital property). Balanced against that is the degree to which your earnings if anything contributed to it.

    The court is going to try to come up with an equitable division of assets and obligations, but based on my limited knowledge of Maryland law, I think your husband has a pretty strong argument for keeping the house.

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