Legal Question in Family Law in Maryland
My House
I bought my home before getting married and have always paid the mortgage and bills myself.
The house and the loan are in my name only.
We've been married 6 months and have decided to get a divorce. We have no children. Can I keep my house, or will I have to sell it as part of the divorce settlement?
3 Answers from Attorneys
Re: My House
Your spouse may have some small marial property interest in the home to the degree the value of the equity in the home has increased during the marriage. However, in light of the brief length of your marriage, that marital property interest is probably slight. In any event, when you file for a divorce, you can ask the court that you keep the house even though your spouse may have some small marital property interest in it.
Re: My House
Based on the information you have provided, the home is not marital property. You purchased it prior to getting married and its titled in your name only. Were it purchased during the marriage, your spouse could make the argument that it is marital property and demand some type of division or proceeds.
Re: My House
The home may have some marital value, but it should be minimal based on the short length of the marriage and relativley little marital income that was paid into it.
I would think that you should be able to keep the home.
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