Legal Question in Family Law in Maryland
buyina house while married and husband going to jail for attempted murder!
my husband is bieng investigated by state authorities for numerous things attempted murder, murder for hire he hired a hit man, child abuse and physical abuse of me and i want to know if he goes to jail can i buy a house in my name with out him getting half maryland law state if u buy a house while married the spouse is intitled to 50% of it and ill be damed if he will get it.i dont wont to RENT after all my children been threw i want to have something stable for them
1 Answer from Attorneys
Re: buyina house while married and husband going to jail for attempted murder!
First of all, MD law does not say that a spouse is automatically entitled to half the house purchased by the other spouse. However, it would be considered marital property if purchased with marital funds, meaning funds acquired from earnings. As such, it would be subject to a court decision dividing up the property as part of a divorce.
If you could demonstrate that he made no financial contribution to the purchase, given his history, there is a good chance that a court would award the house to you. But if you took the down payment out of a joint account that he had contributed to, it could be a different story.