Legal Question in Family Law in Maryland

I bought a house 7 years ago, when I was single. Two years ago I married. I did NOT change the deed. My husband now threatens to leave me and claims he is entitled to 1/2 my house. Is this true?

Asked on 8/23/12, 12:42 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

No. However, he may be entitled to a small portion. Here's why: your income is considered marital property (and vice versa). So if you are paying down the loan on the property, you have probably been using your income to do so. To the extent there has been any increase in the equity in the property due to the decrease in the balance of the mortgage since you got married, that increase would be considered a marital asset subject to division in a divorce proceeding. Of course, it's quite possible, given the state of the housing market, that your property hasn't increased in value over that time; it may in fact have decreased. If so, there would be nothing to divide from the house. Now if during the marriage the two of you made renovations or improvements to the property, he'd be entitled to share in whatever extent those improvements increased the value of the property. This is a complicated issue, and you would be wise to consult with an experienced family attorney who could potentially assist you in working out the terms of a separation agreement if it comes to that.

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Answered on 8/23/12, 1:34 pm

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