Legal Question in Family Law in Maryland
Property selling and dividing
My dad brought property and another house during his marriage to my mom. They are now divorcing when the deeds were signed my mom signed a letter and it was notarized to be excluding she wanted no parts and excepted cash. Can his property be considered in the divorce to be sold?( This property was bought in North Carolina).
1 Answer from Attorneys
Re: Property selling and dividing
The general rule regarding property in a divorce in Maryland is that any property acquired during the marriage is treated as marital property, unless it was acquired by way of gift or inheritance to one of the spouses or was acquired with a pre-marital asset or can be traced to one.
If your mother signed a valid waiver of any interest in the property and received consideration (cash) for doing so, your father may be able to prevent her from gaining an interest in the property in a divorce proceeding, but it would depend on his evidence of waiver.
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