Legal Question in Family Law in Maryland

I own 2 properties, one is rental property and the other my husband and I reside in. I have owned the one in which we reside for 24 years and the other for 7 or so. The question is, if we divorce after 7 years of marrige is he entilted to any portion of either. I have not put his name on either property and have no plans to. Both are in my name only.


Asked on 2/08/10, 12:22 pm

1 Answer from Attorneys

Bill Wood Law Office of William C. Wood, LLC

He may have a marital interest in both properties depending on how they were or are being acquired. The fact that his name is not on the titles is not controlling. In general, any property acquired during the marriage is considered marital property subject to equitable division. Regarding the rental property, it appears that it was purchased around the time you got married. If marital funds (e.g., salaries) were used to acquire the property and/or pay down the mortgage or to pay for improvements to the property, he would have a claim to a portion of the equity in the property, assuming there is any.

Regarding the residence, the same analysis applies, but given the length of time you have owned that property, the portion that may be marital property is likely much smaller.

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Answered on 2/13/10, 1:07 pm


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