Legal Question in Family Law in Maryland
The first wife of my son, divorced more than 13 years ago, in the state of Delaware. While they were married, they purchased a trailer and it is in a trailer park in Salisbury, MD. It is now paid for, and now she is laying claim to the trailer. Can she legally do that? At the time of the divorce, she said she would never lay claim to it. She never paid for it, but her name is on the title.
2 Answers from Attorneys
If she is a titled owner of the trailer and it was not addressed as part of the divorce, then she has a legal claim to it.
Your son should have made sure at the time of his divorce that the Court awarded the trailer to him if in fact his wife was agreeable to that. If DE law is similar to MD law, then whatever equity there was in the trailer when they got divorced would have been marital property regardless of who paid for it. Whatever equity accrued since the divorce would belong to your son since he was paying for it. His only option now is to try and buy out her interest so she will sign it over to him.