Legal Question in Family Law in Maryland

Re: Asset Rights pending separation

The car is marital property and as such he has no greater right to possess it than you do. You should try to work out a division of your joint property with him and if he won't discuss it with you, I strongly suggest you retain an attorney to do so. You may have to resort to court action in order to resolve a property dispute, which will be far more expensive for both of you than if you try to be civil and work it out yourselves.

Re: Asset Rights pending separation

Although not conclusive, the car appears to be marital property (i.e., acquired during marriage as well as titled jointly). This being said, each spouse has an equal right to the property.

There are several ways to address this. One is to likely spend far more than the car is worth and fight it out in court (unless of course this is a newer car and is fully paid). Another is to come to an agreement as to the division of property (i.e., a separation agreement). Lastly, is for you to go and buy another car and leave the marital property for a later determination. Although it may not be obvious, this last point has merits and should be discussed with an attorney.

If you are living in the same house, you will not be able to satisfy the legal requirements for voluntary or involuntary separation. Divorce is costly, as you are beginning to experience. An attorney can assist you immensely with obtaining what you are legally entitled to despite the hostility that your spouse is confronting you with.

Based on the limited information that you provided, it sounds like you are in for a battle. Hiring an attorney may be the leverage you need to resolve this and the many matters that you may face with your divorce. From what you describe, he is either trying to strip you of all resources by which you can confront him in court (i.e., take away your car and your ability to maintain employment) or is acting out of retribution. In either case, his position requires the tempering that only an attorney can provide.

G. Joseph Holthaus

(410) 799-9002