Can someone force a spouse to move out?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can someone force a spouse to move out?

A friend of mine is married, living with her husband in MD. The home they live in is owned by her parents. She wants to separate from him by having him move out. She has tried giving him a separation agreement, asking him to leave, and appealing to his parents. Is there any way for her or her parents to force him to move out?

Asked on August 11, 2016 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If they do not rent from the parents, but are the parent's guests in a home owned by the parents, the parents may "eject" him (if someone is a guest, not a tenant, you don't per se; instead, you file an action "for ejectment," which is basically eviction for non-tenants...it is more procedurally complex than an eviction action in most cases, and hiring an atttorney would be recommend). The owners of a home may ask a guest to leave at any point and file an ejectment action if he will not.
If the friend and her husband rents from her parents, they (the parents) may evict him if he gives the good cause, such as nonpayment of rent, damaging the property, etc. But if he's a good tenant (even if arguably not a good husband), they can't make him leave while a lease is in effect.
In either event, it's the parents, who own the home, not the daughter, who simply lives in the home, who may have the right to remove him.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption