Legal Question in Family Law in Maryland

Help with nasty divorce.

My cousin is going through a nasty divorce. Her husband is trying to charge her for the fair market value of the property they built their house on. They picked out the property together and an engaed couple with the intent of builing the family home there. Can he do this? What can be done about it? Also, she signed a prenup under duress and was virtually blackmailed. How can this be reversed? Thanks so much, Juliet


Asked on 5/16/02, 11:27 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Help with nasty divorce.

The prenupt agreement may have a bearing on this.

But, I emphasize, MAY. Usually when property is acquired during marriage it is subject to monetary award or partition. Where acquisition of property can be traced to assets that were acquired before marriage, there stands a possibility that the property can be excluded from partition or monetary award. A gifting over to the marriage is a defense to property acquired before marriage or from funds directly traceable to gifts or other sources before marriage. Consult an attorney.

I am available if your cousin would like to discuss, (410) 799-9002.

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Answered on 5/16/02, 10:14 pm
Robert Sher Wagshal and Sher

Re: Help with nasty divorce.

The very first thing you should do is tell your cousin to get a consultation, and to retain, a family law attorney to help her. She has very substantial rights that are in jeopardy if she isn't well represented.

Frankly, your question was hard to understand. Any property that a married couple acquires during the marriage is marital property and subject to division in a divorce proceeding, unless one party received it as a gift or inheritance, or can prove that it was acquired with funds owned by that party before the marriage. When real estate is involved, especially if it was partly acquired before they were legally married, it becomes very complicated, and is all the more reason why your cousin should seek legal assistance.

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Answered on 5/16/02, 11:39 am


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