Legal Question in Family Law in Maryland

Re: Marital property

Yes, it would still be marital. Assuming you purchased the property after you got married, the original purchase funds are considered to be marital, unless one of you used premarital or individually gifted funds for the down payment. Likewise, the mortgage payments have come and will continue to come from earned income, and the law makes no distinction between which spouse earned the income.

You said yours was the only name on the title (deed), which is not consistent with your statement that "my husband and I own a home". In any event, whose name is on the deed is not determinative of whether the property is considered marital in a divorce action.

If your husband is amenable, you could put an agreement in place which gives recognition to the fact that the mortgage is being refinanced in just your name due to his employment situation, and provides you with a greater share of the equity if there is a marital separation. Of course, he may be unwilling to make such an agreement. If there is a separation and you stay in the home and continue to pay the mortgage, there are circumstances in which a court would give you credit for the payments you continue to make before dividing the equity in the property as part of a divorce proceeding.

If your husband does indicate a willingness to make such an agreement, you would be wise to let an experienced family law attorney assist you.