Divorce and Homeownership

Divorce and Homeownership in Maryland

I had a conversation with my manager yesterday and she was saying this topic has come up a lot recently amongst agents in our office so, I thought it was a good time for a blog!!

The question:  My wife and kids are living in the home and I have moved out.  I am the only one on the title to the home can I list and sell my house?

Maryland is not a community property state so you would think that the answer would be yes the husband can sell his house.  However, the answer is no.  

Once the husband moves out of the home and the wife and kids (if there are any still at home) are still residents of the property and have all the same rights as a tenant would.  They must be given the Right of First Refusal and if the wife can not qualify to purchase the marital home from the husband, then she must sign all the listing documents as well and she has to cooperate with showings.  If she doesn't cooperate with showings and won't sign the listing documents then the house can not be sold until the court orders a disposition of assets in the divorce.