Legal Question in Family Law in Maryland

I am married and our house is in just my name, if I am to get a divorce will my spouse be entitled to my house? What can I do to protect my investment?


Asked on 5/25/10, 5:44 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Depending on whether you acquired the property before or during the marriage and how you have been paying the mortgage if any since then, your spouse may have a marital interest in this property. For example, even if you owned it before marriage, if you continued to pay the mortgage from your earnings after marriage, those earnings are marital funds, so you would be increasing the equity in the property every time you paid the mortgage with marital assets. So while your spouse wouldn't be entitled to an equal share of the value of the home, he/she would have some interest. If you decide to proceed with a marital dissolution, your first step should be to consult with an experienced family attorney to put together a separation agreement that would be acceptable to your spouse and resolves all financial issues.

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Answered on 5/26/10, 7:13 am


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