Legal Question in Family Law in Maryland

Re: Newly built home ''marital home''?

Here are extracts of several sections of Maryland Code:

(c) Certain property to be treated as marital property. -- If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.

............

(c) Family home. --

(1) "Family home" means the property in this State that:

(i) was used as the principal residence of the parties when they lived together;

(ii) is owned or leased by 1 or both of the parties at the time of the proceeding; and

(iii) is being used or will be used as a principal residence by 1 or both of the parties and a child.

..........

e) Marital property. --

(1) "Marital property" means the property, however titled, acquired by 1 or both parties during the marriage.

(2) "Marital property" includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement.

(3) Except as provided in paragraph (2) of this subsection, "marital property" does not include property:

(i) acquired before the marriage;

(ii) acquired by inheritance or gift from a third party;

(iii) excluded by valid agreement; or

(iv) directly traceable to any of these sources.

****** So, your question relates to many matters including, but not limited to, the source of the funds used to procure the property. Other matters apply--as well as those not included in the above extracts--such as the intent of the parties and matters of equity. ******

If you are undergoing a divorce and need to attend to property matters that are in dispute, consult an attorney. Easy answers are not common for divorce matters and the skill of an attorney may be invaluable after all is said and done.