Elkton, MD asked in Divorce for Maryland

Q: 1 spouse owned the home they lived in prior to marriage. Does the other get equity for their 2 year marriage?how determ?

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1 Lawyer Answer

A: The first question that needs to be asked is if the house is titled in the names of both parties. If so then they both have an interest.

If it is titled in the name of only one spouse, the fact one spouse owned the home prior to marriage does not necessarily mean the other spouse does not have an interest in the home, even after only 2 years of marriage. For instance, if a house were subject to a mortgage which was paid on during the marriage, if there were improvements made to the home during the marriage or marital funds put into the home,these are just some of the factors that could lead to there being a marital interest in the home.

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