Legal Question in Family Law in Maryland

does this money belong to their shared asset?

She got a boyfriend and asked him for a divorce (he has her email which can prove her adultery) but he didn't want to. To get his agreement, she agreeed to give the house to him and then they removed her name from the title. He still didn't want to sign a seperation agreement. So, she moved out and filled a divorce. If he sell the house and give the money to his parent who is living in the outside of the US. Does the money still belong to their shared asset? Will he get any trouble? Any idea that he can keep the house safely?

Thanks.


Asked on 12/04/03, 1:03 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: does this money belong to their shared asset?

Since the parties never reached an agreement regarding disposition of marital assets (in that the husband refused to sign the proposed agreement), the property remains marital despite her having deeded it over to the husband. Therefore, she's entitled to a share of the proceeds if the house is sold, or some other marital asset of equivalent value. The court might not necessarily give her 50% in a property disposition hearing if it finds that she was the principal cause of the marital breakup, but she will certainly get a substantial share if the house was acquired during the marriage and paid for with marital funds. He should not do anything such as transfer sales proceeds to his parents in order to deprive the wife of her share; a court would sanction him for that.

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Answered on 12/04/03, 4:04 pm


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