Maryland Eviction Notice for Spouse
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FAQ
You can still live under the same roof but must pursue separate lives. The separation can also be based on a court order, such as a protective order. Irreconcilable Differences ? You believe, or your spouse believes, that your marriage should end for reasons that cannot be resolve.
There is no such thing as a ?legal separation? in Maryland. If you and your spouse live separate lives for at least six months, you can file for divorce based on the ground (legal reason) of a ?6-month separation.?
Six-month separation. You and your spouse live separate and apart, without interruption, for at least six months. (You can live under the same roof and still meet this requirement if you pursue separate lives or the separation can be based on a court order, like a protective order.)
Maryland is a "equitable property" state. The "marital" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust.
In Maryland, whether or not a couple is separated is a question of fact. If spouses are not having sexual relations and are not sleeping under the same roof (in the same residence), then they are considered to be separated.
You can be considered separated from your spouse even if you still live in the same house. But you might have to prove to a court that you've actually separated if: you've ended your relationship, but. you're still living together (to save money on bills, for example).
If both parties are unable to reach an agreement regarding the family home, the courts may get involved. Ultimately, the courts have the power to decide who occupies the family home. If you are the sole owner of the property, and your ex does not want to leave, you can evict them.
You may file the eviction complaint through the Maryland courts, or you can contact an attorney to handle the eviction for you. Most parents prefer to allow an attorney to file the eviction because they are not familiar with landlord-tenant laws and are not familiar with the requirements to evict a tenant.
