Legal Question in Family Law in Maryland

Re: inherited property

If you inherit a house and do nothing to increase the value, such as adding a deck or a swimming pool or bathroom or paying off a mortgage, and you don't spend a lot of money acquired during your marriage to maintain the property, your spouse is not entitled to any part of it in a divorce. If, during your marriage, you do spend time or money increasing the value, that increase in value can create a marital property interest in the property to the extent of the increased value. If you inherit a house and the only reason for an increase in value is inflation, or an increased desirability of the neighborhood, or if while you own it you rent it out and use the income to make improvements without mixing (commingling) that income with other income of your spouse and yourself, and without devoting a significant part of your own time to managing the property, it should be considered your own property, in which your spouse has no interest, at the time of a divorce.

If you hold the property for a long time before the divorce, there may very likely be issues regarding maintenance and improvements which cloud the issue, so I do recommend that you consult an attorney about your specific situation.

Re: inherited property

Property acquired by inheritance is not considered marital property in which your spouse has an interest. However, if marital property is used to improve and/or maintain the home, your spouse may have an interest in the home to the degree marital funds were used in connection with the home.

Ranji Garrett

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.