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Old 01-18-2006, 09:01 PM
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Join Date: Jan 2006
Posts: 2
Default Do not know what my rights are

]I have been married to my husband since 1988. The home we lived in prior to our marriage was destroyed by fire and a new home was built on existing property shortly after the marriage. The property is deeded in my Husband's name alone. In 2003 My husband fell and is now living in assisted facility with traumatic brain injury. He can never live home again. He has a 35 yr old son with the same name as his by his previous marriage. His son wants the property and is assuming I as his wife, have no rights.
If I choose to divorce my husband, what rights do I have concerning this property? Will I be able to get half? would this house would be considered separate property because it's in his name only? I live in Maryland. I am afraid his son will show up one day and order me out. What should I do?
My Husband is currently at a VA Hospital funded By the VA.
Please help.
I have no money for an attorney.[/b]

Last edited by confuzed : 01-18-2006 at 09:05 PM.
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Old 01-18-2006, 09:12 PM
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Join Date: Jan 2006
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Default do not know what my rights are..continued

I failed to mention that I reside in the home. We have no mortgage the deed has no liens.
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  #3 (permalink)  
Old 01-19-2006, 04:30 PM
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Join Date: Jun 2005
Posts: 456
Default

These websites might help:

http://www.divorcenet.com/states/maryland/mdart-06 Looks like property acquired after marriage is considered marital property regardless of title. The problem is that he may have had the property titled in his name prior to marriage.

You may be enitled to part of the house but possibly not the land since house was built after marriage and property was your husbands prior to marriage.

Other resources:

http://www.divorcenet.com/states/maryland/mdfaq_04

http://www.divorcenet.com/states/mar...e_distribution

http://www.divorcenet.com/states/maryland/md_dv

I wish you luck with your case.
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