Legal Question in Family Law in Maryland

Marital Property

#1) Purchased vacation home 1 mth prior to wife leaving marriage. Down pmt from husband's personal IRA acct that was established & fully funded prior to the marriage. Wife has contributed no money during or since the purchase. All mortgage pmts made by husband (all after separation announcement). Is the wife entitled to any value of the property?

#2) During construction of the marital home on 3 acres from wife's mother, the remaining acreage of 22 acres was title to wife and mother. The value of the surrounding property increase in value because of the marital home that was built. Are the 22 acreage marital property and the husband is entitled to the value? And, is the husband entitled to the value increase of the acreas as marital property?


Asked on 2/09/06, 2:45 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Marital Property

As to the vacation home, since the down payment came from a premarital account, that part of the property is yours. However, if you are making mortgage payments from earned income, that is considered marital property and to the extent those payments increase the equity in the property, your wife has a marital interest. Depending on how long the separation has lasted, her interest may be very small. You need to try and work out an agreement whereby she gives up a claim for this property in exchange for another asset.

As far as the home that was built on acreage provided by your mother in law, you didn't give enough information. A big issue is how you acquired the acreage. If it was a gift from your wife's mother to both of you, you each have an essentially equal share. However, if it was a gift to her daughter and not to you(parents of separatees typically claim this to be the case), then your wife would own the lot and the improvements would be jointly owned, assuming they were made with marital funds. Since you never acquired title to the unimproved acreage, it's doubtful you have any claim to it.

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Answered on 2/09/06, 3:42 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Marital Property

Any assets acquired prior to marriage are not marital assets unless gifted over to the marriage.

This is not an easy issue and many factors come into the equation. Each property matter will be considered seperate of the other. You name two separate property matters.

The vacation property was purchased with pre-marital funds. Unless it was purchased outright any payment made for its possession and maintenance after marriage is marital property.

Expenses for the building and maintenance of the marital home are recoverable and the extent of the improvement will require appraisal.

Real estate and property matters will need to be addressed and you should strongly consider hiring an attorney.

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Answered on 2/10/06, 12:35 am


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