Severn, MD asked in Divorce and Civil Litigation for Maryland

Q: Can my spouse place tresspassing notice on my girlfriend that he allowed me to have? We are both on the lease!

Related Topics:
2 Lawyer Answers
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
PREMIUM
Answered
  • Towson, MD
  • Licensed in Maryland

A: It sounds like you and your spouse are in a polyamorous relationship and has agreed to allow a third party to have access to the both of you and your home. Under those circumstances, your spouse can always revoke his consent. Given that you and your spouse have equal rights to occupy the home, it does create a bit of a quandary as to the trespass notice. I am leaning towards yes but I am not a criminal attorney so I am not well versed in criminal law. I would suggest you reach out to a criminal law attorney in your area.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: If you're both on the lease, then there can be no trespassing offense if you granted her permission to be there. You both have equal legal rights to invite others into the premises regardless of what the other says or wants. If your spouse wants total control over who enters his residence, then he needs to get a new residence solely in his name, and move out.

Marie-Yves Nadine Jean-Baptiste agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.