Legal Question in Family Law in Maryland

Re: Buying property while only seperated

As a general matter, with certain exceptions, any property acquired during the course of a marriage is considered marital property that both spouses have an interest in. This includes property acquired during a separation but before an absolute divorce, again, with certain exceptions, one of them being a legally valid agreement between the parties indicating otherwise.

So, even though you can purchase a new home during a separation, the non-purchasing spouse may be able to argue he or she has an marital property interest in the new home. You would be well advised to discuss this matter with an attorney before making any purchases.

Ranji Garrett, Esq., 301-296-4474

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.