Does spouse have access to home?


#1

My wife moved to Maryland for a new job in February 2010. In July 2010, she and I agreed to separate. I live in the house that we shared. We both are on the deed and mortgage. We both still pay half of the mortgage, taxes, insurance, and HOA dues. She has a Maryland driver’s license, license plate, and works full time out of state. After she came and took furniture and things in August 2010, I changed the locks. In December, she came to the house and I would not let her in. She called the police and the officer said that she could not be kept from the premises since we still shared expenses on the house. But, after reading the domestic criminal trespass statute and responses on this forum; however, I am not sure that is correct. Could someone please help me with this?

Thanks.

EDIT: This is a pressing issue because three hours ago she said she wanted to come down with her boyfriend over the weekend. So, I need to know what my rights are. Thanks again.


#2

She does not have the right to enter the home since she has moved out and lives elsewhere, her sharing the expenses does not change that.


#3

Ms. Clarey, thanks for the response. Luckily, she did not try to visit this weekend. Could her previous visit last August constitute domestic criminal trespass if I had not expressly forbid her from entering the premises? She wasn’t invited and came with some family members when I was away. I don’t think that I actually want to pursue charges, but I’d still like to know if it was legal. Thanks.


#4

If she entered the home and was not specifically forbidden, no action will lie.


#5

What if she was paying ALL of the mortgages - 1st and 2nd?


#6

It does not matter, what matters is that once a spouse leaves the home with the intention of residing elsewhere, the other spouse has the exclusive rights to possession of the home.