Legal Question in Family Law in Maryland

Limited Divorce agreement

I have a legal ''limited divorce'' aka ''legal separation'' agreement, which has been in effect for the past 3 years in which a complete property agreement/settlement was made and agreed to. I have recently inherited a property which is being held in trust in another state. My spouse is now a resident of that state. I am named as the sole beneficiary to the trust. As this property was just inherited by me, is there any legal recourse my spouse could take to access this property while held in trust? Should I decide to re-deed the property in my name, and remove it from the trust, is there any legal recourse my spouse could take to access any funds which I might receive from this property should I decide to sell it and or use it as a rental property prior to making our divorce final? There are no minor children involved. There is/was no relationship between the deceased party and my spouse. There is no alimony involved.


Asked on 10/05/01, 8:24 pm

1 Answer from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Limited Divorce agreement

Your spouse has no claim to this property because inherited property is separate property and not marital property in the state of MD, DC, and VA. Now I do not know where the property is located or where he lives, but if you file for divorce (which you should do just to avoid these types of issues if you do not forsee a reconcilation....i.e. what if you won the lottery???) in MD, DC, VA this would be separate property. Once you are divorced these types of concerns are no longer an issue.

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Answered on 11/26/01, 6:10 pm


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