Legal Question in Family Law in Maryland
divorce
i purchased my house in oct 2005. i got marry 24 days later. my name is on all the papers pretaining to the house. If i divorced my husband, is he entitle to receive part ownership of this house.
1 Answer from Attorneys
Re: divorce
He may be entitled to a portion of the equity in the house. In general, property that acquired prior to the marriage is not considered marital property and is not subject to equitable division. However, with a house, Maryland case law has established an acquisition theory whereby the portion of equity acquired during the marriage via regular monthly mortgage payments using marital funds as well as any improvements made is marital property and subject to equitable division. Normal appreciation due to market conditions may also be considered marital property.