Marital property after separation

Posted by Thomas MallonAug 06, 20150 Comments

I have been separated for 2 years. I'm interested in purchasing a home. Can my wife come after my new home when we divorce?

Location: Bowie, MD

Does she have any rights to the property even though her name isn't on it?


Marital Property is defined as property, however titled, acquired during the marriage, that is not an inheritance, a gift or directly traceable to one of those sources. Since you are separated and not divorced, you are married and therefore your spouse can technically make a claim against that property. The next unasked question then becomes, how much is that claim worth? If you have save most of your salary over the years you were married, or taken money out of your retirement account for the down payment, then the spouse does have a legitimate claim. If however, you buy a property with little or no money down and there is no equity in the property, there is nothing to make a claim against.