Maryland is an Equitable Distribution State

Question

My husband purchased our home in April of 1998 we got married in June of 1998. It is my understanding that because he purchased our/his home prior to our marriage I would not be entitled to any portion of the house if we divorced. Does anyone have any knowledge or experience with this?

Answer 1

It shouldn't really have much effect at all.  If he made mortgage payments out of a joint bank account, you have an interest in the property. Maryland courts have defined the term "acquired" as the ongoing process of making payment for property. Under this definition, characterization of property as nonmarital or marital depends upon the source of each contribution as payments are made, rather than the time at which legal or equitable title to or possession of the property is obtained. So, for example, a house that had been acquired by one spouse, subject to a mortgage, prior to a marriage, is initially wholly nonmarital property; as mortgage payments are made out of marital funds during the marriage, the property becomes partially marital.

Also, if the property increased at all in value, you have a right to "equitable distribution" in the increase in value from June, 1998, until the time the property was sold or your date of divorce from him.

Your divorce lawyer will explain it to you.