Legal Question in Real Estate Law in Maryland

Wrongful Detainer & Married Individuals in MD

My understanding is that Maryland does not provide an exception (protection) to a spouse holding possession of a property when the other spouse has the right of possession. Specifically I'm referring to Section 8-402.4 of real property dealing with a 'wrongful detainer'. Please confirm whether my understanding is correct and please let me know if in your view there is a public interest in providing an exception to married individuals.

I am aware that Maryland is not a common law state and that the parties' interest in property is a technical determination of what % was contributed out of married funds.


Asked on 2/16/04, 12:28 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Wrongful Detainer & Married Individuals in MD

I'm not sure I understand the facts underlying your question, but the wrongful detainer law is not designed to be used in a marital dispute. MD most certainly follows common law where there is no statute governing a certain situation. The division of marital property between spouses is based on equitable distribution, and is not necessarily a function of who contributed what by way of dollars. Of course, if premarital contributions were made, the property will be divided between its marital and nonmarital elements.

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Answered on 2/17/04, 3:01 pm


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