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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am from maryland. I want to leave my house file for saparation

Resolved Question:

I am from maryland. I want to leave my house file for saparation and ask that the house is sold and money split. Should I have paper work signed by him and me before I leave stating this?
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your dilemma.

There is really nothing that you can do at this early stage as regards XXXXX XXXXX to sell the property. Either the two of you list the property for sale with a Realtor, or you don't.

If he will not agree to list the property, then you will have to have the court Order that be done during your divorce. You need to file for divorce first.

Additionally, you need to know that if you simply abandon the marital home---even if for a couple of weeks, he can prevent you from coming back into the home for as long as he lives there---even to get things that you claim belong to you.

You might consider filing for divorce and asking the court to either order him to leave the residence while the divorce is pending, or ask the court to order that he pay you temporary spousal support so that you can move out.

This will make the process much smoother. Additionally, if you would retain a local family law attorney, your life will be much easier as well.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

Customer: replied 3 years ago.
I have been here for a year without any physical involvement. He stays down stair and I stay up. Is there something called in house separation because I do know that we would have to be separated for a year without contact
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm afraid that under the laws of the state of Maryland, if you live under the same roof, even in separate parts of the same house, then you are not considered to be living separate and apart, despite the fact that you may not have sex with each other.

I wish you the best.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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30 years legal experience. I remain current in Family Law through regular continuing education.