Legal Question in Family Law in Maryland
splitting assetts
My husband and I reside in Maryland. He is part owner of a beach house in New Jersey with his family where his name, his mother and father's and his sisters are on the house. We are divorcing. Would I have any claim to his portion of the house in New Jersey? They inherited the house a few years ago and it was paid off when they got it.
1 Answer from Attorneys
Re: splitting assetts
Generally, marital property subject to division by a court pursuant to divorce does not include property acquired by one spouse due to inheritance. Also, the appreciation of the value of that property, if any, may also be excluded as it is "directly traceable" to the inherited property.
It is possible that separate property can be "recharacterized" as marital, but you would bear the burden of establishing that.
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