Hello, my husband and I are in the process of discussing possible separation. We own the family home together. We have two kids. My husband works nights, so the kids would most likely need to reside with me. I would like to retain and reside in the family home for a period of time (~3 years until our oldest finishes middle school) before anything is done with the property.
There is way too much information missing to answer such a broad question. The bottom line, however, is that courts will not consider a request for "use and possession of a family home" unless it is part of a divorce. If your Husband refuses to consider moving out, you should consult with a local attorney to see if you have a ground to try to file and request use and possession. You other option may be to consider a "nesting agreement." Again, an attorney can learn more about your situation and advise you whether such an arrangement is feasible.
Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.
If you are in the process of separating, especially if you plan seeking "use and possession" of the marital home, I would strongly suggest sitting down with an attorney to discuss your case. Family law cases, especially when kids are involved, are very fact specific.
Unless you can come to an agreement regarding the home and custody of your children, you are both entitled to reside in the home. You can be given use and possession of the home. It is important that you meet with an attorney to discuss your situation.
Sounds like the two of you should consider addressing your family situation using the collaborative legal process as opposed to the traditional adversarial model. Using the collaborative process, you both agree to find a solution that works best for both of you and your kids. Go here to learn about this method and to locate a collaboratively trained lawyer. http://collablawmaryland.org/
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