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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116750
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am living with my girlfriend of 7 years ,we have 2

Customer Question

I am living with my girlfriend of 7 years ,we have 2 children together and the relationship just hit the rocks ,I want a separation but don't know how to proceed legally ,I am the only owner of the house ,what can I do?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Have you talked to a lawyer yet?
Customer: Not yet ,I am currently out of the house just to make sure we don't get into any altercation
JA: Anything else you think the lawyer should know?
Customer: My kids are 2 and 3 and we live together
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are not married, you can ask her to leave the residence. You have to give her 30 day written notice (as she is treated like a tenant even though you do not have a lease with her) if she will not agree to leave. The issue you have is the children and for that you would need to file a petition for custody/visitation in the court and the court will have to decide which of the parents will get physical custody and how visitation will work. This will likely be the hardest part of your break up and the non-custodial parent will have to pay child support based on their income.
So, your first step here before you do anything else is to get a local attorney to assist you filing for custody/visitation in court. When they file for that you can then give her notice to vacate the house you own. You do not want to do this before, because she could make up claims against you for domestic violence and you could be temporarily forced from your own home and you do not want to do that. So getting the attorney and having them file the custody action first and then getting the attorney to serve notice to vacate will help protect you from those false claims against you.