Legal Question in Family Law in Maryland
If a gentleman is separated from his wife and is currently going through the divorce process and buys a house in his name will it be considered marital property. They live in separate homes now and have separate checking accounts.
Asked on 8/05/10, 11:11 am
1 Answer from Attorneys
Yes, it's still marital property, unless the house is purchased with non-marital funds, or the parties have an express agreement to exclude it from the definition of marital property. Under Maryland law, marital property includes all property acquired during the marriage and in existence at the time of divorce. The house will still be HIS property, in that the court cannot order it transferred or sold, but its value is subject to equitable distribution.
Answered on 8/10/10, 12:29 pm