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!

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2 Lawyer Answers
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
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

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