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    Gone Fishing's Avatar
    Gone Fishing Posts: 1, Reputation: 1
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    #1

    Jul 1, 2008, 12:45 PM
    Right to enter the home?
    My mother is the sole owner of the home (the house is under her name ONLY) and, although she and my father are married on paper, neither one of them has lived in the presence of the other for over 19 years. My question is if my mother refuses to let my father into the house, does my father have a right to enter/stay in this house by virtue of being married to her? I'm in the state of Maryland. Thanks in advance to any and all responses.
    michealb's Avatar
    michealb Posts: 484, Reputation: 129
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    #2

    Jul 1, 2008, 01:13 PM
    No, you have to live at a property to be able to enter the property. He could try to make the case to the police officer's but generally you have to live at a property to enter it without someone else's permission and if your mother is there saying he isn't welcome the officer isn't going to let him stay. Even as a landlord I can't enter the house without permission from the tenant that lives there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #3

    Jul 1, 2008, 02:58 PM
    I am not sure about Maryland, but in many states, yes, as long as they are married and there has never been a formal legal separation filed, the husband has legal rights to enter the home of his wife,

    We had a serious case of this in TN and the police were even later sued for false arrest for arresting him for breaking into the trailer.
    michealb's Avatar
    michealb Posts: 484, Reputation: 129
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    #4

    Jul 1, 2008, 03:20 PM
    You don't think it would be handled like a landlord tenant case, where the person that lives there has the right to say who can be there? Dealing with those it would seem very obvious that he wouldn't be allowed in since he doesn't own the property or live there.

    I suppose the OP could call the local police station NON-emergency line and ask what they think.

    I still don't think that the police would let him stay if the mother was there saying he doesn't live here and to get him out.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #5

    Nov 13, 2012, 09:10 AM
    I ran across this old thread just now and am curious what others think.
    cdad's Avatar
    cdad Posts: 12,696, Reputation: 1438
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    #6

    Nov 13, 2012, 11:28 AM
    He can enter the property so long as there is nothing stating he cant.

    "What is "marital property"?

    Marital property is: (a) Real property held as tenants by the entirety, unless excluded by valid agreement. (b) Any property acquired by 1 or both parties during marriage, and does not include any property (1) acquired before the marriage, (2) acquired by inheritance or gift from a third party, (3) excluded by valid agreement, or (4) directly traceable to any of these sources.
    "


    Source:

    Maryland Marital Property FAQs | divorcenet.com
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Nov 13, 2012, 12:49 PM
    Quote Originally Posted by califdadof3;
    He can enter the property so long as there is nothing stating he cant.

    "What is "marital property"?
    ...
    The mere fact that it is considered "marital property" does not give him the right to occupy it. If the police come to the door attemping to put him into the home, she should tell them no, and to come back if and when they have a court order.

    And then shut the door.

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