How do I keep my husband out of the house?

UPDATED: Sep 30, 2022

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How do I keep my husband out of the house?

My husband and I are separated. I have a 16 year old son and we have a house together. Is there

anyway to keep him out of the house if both of our names are on it?

Asked on November 17, 2016 under Family Law, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless and until you have either a formal separation agreement in effect or a final decree of divorce issued, the house remains what is known as the "joint marital residence". This means that the both of you have equal rights to use and occupancy. This is true no matter whose names are on the deed. Accordingly, you must give your husband access to the house. That is so long as he has done something to make you or your son fear for your safety. If so, then you can go to court to obtain a protective order to keep him from entering the prmeises. At this point, you may want to consult directly with a divorce attorney in your area; they can best advise you further.

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 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.

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