Legal Question in Family Law in Maryland
Marital Property
My husband began the process of purchasing a home prior to our marriage, however, settlement wasn't complete until after we were married. Is this considered marital property and am I entitled to any monetary benefit from this property? The house was purchased by him and a relative, my name is not on the deed or the title to the house. Could he say that the money acquired to purchase the house was a gift and therefore I'm not entitled to it? We have lived in this house for the past 4.5 years and have children. What, if anything am I entitled to?
1 Answer from Attorneys
Re: Marital Property
Unless your husband paid all cash (no mortgage) for the property and can show that all the cash was his and the co-owners' from before you were married, you have a right to a share of the house. Assuming there's a mortgage, the funds used to pay the mortgage are presumably coming from earned income (doesn't matter whether his or yours), which is considered under the law to be marital property. Thus the equity in the property is partly marital and partly non-marital. The exact amount of your interest depends on how much the house has appreciated since the marriage and other factors.
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