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motorcyclemom

Junior Member
What is the name of your state (only U.S. law)? maryland

Can my spouse receive community property if I acquired my home before we married?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? maryland

Can my spouse receive community property if I acquired my home before we married?
Maryland is not a community property state - it is an equitable division state.

Either way, if you acquire a home before you are married, it is separate property. It remains separate property until you:
1. Add spouse to the title. In this case, the spouse is an equal owner - or whatever the title specifies.

or

2. Use marital funds to pay the mortgage, taxes, or upkeep. In this case, the spouse would be entitled to the marital portion of the home's value - which is typically the increase in equity which occurred over the course of the marriage. Since it's an equitable division state, the judge can vary from that, though, in the interest of fairness.
 

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