Q: My wife left me 6 years ago with no contact since. Is she entitled to half of my property still?
When she left she moved multiple states away. I’m currently trying to purchase my first home and the settlement date is with in a few weeks (not enough time for a divorce). I didn’t even think about this when looking for a home but would she be entitled to 50% of my new home ?
A: Maryland is an equitable distribution state, meaning assets are subject to a judge's determination as to what an equitable split of assets should be. Your wife will have a claim against all assets acquired (fully or partially) during the marriage, including your new home. What the measure of that interest is will depend on many factors, and certainly you may argue that your wife should have less or no interest in your new home based on her long absence, but it is a risk. If you used assets or proceeds traceable to assets that you had acquired while still living together (such as sale of the former marital home you shared) then she will have a stronger argument to claim an equal interest. It all depends. But the simple answer is, yes, your wife will continue to have a marital claim to all assets acquired until you get a divorce, and not just your new house, but your retirement, pension, vehicles, investment and financial accounts, etc. See a divorce lawyer as soon as possible.
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