Legal Question in Family Law in Maryland

marital property in another state

My stbx took the equity out of our home, and 3 days later, wired some of the money to purchase a home in WV. And has since let our old home here in Md go to foreclosure.

The deed is in his g/f's name and it was paid in full with the wire transfer out of my stbx's account. I have all that documentation.

Do you know if the court will force them to sell or do anything with this house? Again, it's in another state in someone else's name but solely purchased by my stbx with money from our old home.


Asked on 4/28/08, 1:53 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: marital property in another state

The MD court cannot force a sale of the property in WV. If you can establish what you say, it would constitute a dissipation of marital assets, and the court, as part of a divorce, could order your stbx to restore the funds to the marital estate--which means he would owe you half the amount he took. You could get a money judgment against him for that, but you would have to take that to WV, get it filed there, and then try to attach any assets of his (bank account, wages, other property) you can find.

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Answered on 4/28/08, 2:07 pm


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