Legal Question in Family Law in Maryland

Spouse search for assets

My spouse and I have lived under same roof for 15 years. All assets are in my name alone. I have handled all family bills on my income alone. I have also given her disposable cash on top of paying for everything. She has never questioned any of this. She now wants to start a business and thinks there are hidden assets and wants 'her share'. In the absence of a divorce filing can she somehow depose me to uncover assets? Can she file for divorce while in the house. There is no abuse whatsoever.


Asked on 3/06/08, 2:32 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Spouse search for assets

Your wife can't file for divorce without grounds, but she could leave and immediately file for spousal support, with an allegation of some reason for leaving such as "cruelty of treatment," which is often in the eye of the beholder and difficult to define. She would almost certainly be awarded support if she has no history of employment. You would then find yourself at war with your wife, which would probably wipe out any assets which you might have hidden and would certainly dissipate the resources you now have. I suspect that your wife feels like a dissatisfied 1950's wife who is ignorant of how to handle money and has never had a checking account or a check book. Unless there are other problems in your marriage which you haven't mentioned, you could probably best deal with the current situation by helping her become acquainted with bank accounts and tax returns and the handling of financial assets and ask her to pay some bills from a joint account. As for the starting of a business, most counties in Maryland have some agency which can consult with and advise people on how to do it and whether the business idea is sound, and you should encourage her to check that out. Unless your marriage after fifteen years is so full of misery that her desire to start a business and her suspicions about hidden assets are just the tip of an iceberg.

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Answered on 3/17/08, 11:46 am


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