Legal Question in Family Law in Maryland

Re: Real Estate

If you purchase real estate during your marriage, in your name alone, with funds which were yours before the marriage and which were never commingled with funds you acquired during the marriage, the property would not be considered marital property subject to consideration in calculations concerning a monetary award. If the funds come from an insurance settlement during the marriage, it would depend on the basis for the insurance settlement. If it was in part compensation for lost wages during the marriage, at least a portion would be considered marital property. If the funds are from a mortgage in your name only, it would depend on the original source of the funds which you loaned to the borrower and whether the income you received from the mortgage was in any way commingled with other, marital, funds. If you wish to buy the property, and do not intend to finance any part of the price and make payments from income earned during the marriage, your interest in the real estate, at the time of a divorce, would be the same as your interest now in the funds you would use to purchase the property.