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Rights of Spouse to Marital Property

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  • 04-03-2013, 11:23 PM
    exegesis_saves
    Rights of Spouse to Marital Property
    My question involves a marriage in the state of: Maryland

    My wife recently told me that our marriage was over and walked out the door. This was after a period of mental illness and came out of nowhere. She had valid complaints, but none that warranted termination of our marriage. Initially we agreed to counseling, but prior to the appointment she settled on divorce as her goal and has since established residency elsewhere. I am still very much interested in attempting to reconcile.

    She intends on collecting her personal property and would like to divide our joint property as well.

    Considering that this is an involuntary separation, what rights does she have to marital property at this time?
  • 04-07-2013, 09:28 AM
    Mr. Knowitall
    Re: Rights of Spouse to Marital Property
    Your wife has rights to her own separate property and, absent something unusual (and your not wanting a divorce isn't it) half of the marital estate. If you can amicably divide your estate, that's good - divorce is a lot cheaper when the parties cooperate and try to resolve things amicably.

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    You have no more right to jointly owned property than she does. What is it that you hope to accomplish?
  • 04-08-2013, 04:26 PM
    exegesis_saves
    Re: Rights of Spouse to Marital Property
    I understand what you are saying. And I understand that she is entitled to half the estate at the time of the divorce (many months from now).

    However, the separation is involuntary. What is she entitled to of our estate prior to the divorce? I'm all for amicable division of property. But not at this time.

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    Quote:

    Quoting Mr. Knowitall
    View Post
    Your wife has rights to her own separate property and, absent something unusual (and your not wanting a divorce isn't it) half of the marital estate. If you can amicably divide your estate, that's good - divorce is a lot cheaper when the parties cooperate and try to resolve things amicably.

    - - - Updated - - -

    You have no more right to jointly owned property than she does. What is it that you hope to accomplish?

    By posting here, I hope to accomplish gaining a better understanding of the law. I will share with you via PM some of the interpersonal aspects of the questions if you desire. Let me know.

    There exists a one year period of separation prior to filing for divorce. Prior to 2011, there was a two year period of separation if it was involuntary (i.e. one party did not agree to it). There are reasons for that, no?

    My wife has sole access to all of our savings. If the mood catches me one day and I decide to unexpectedly walk out of her life forever; how can I legally compel her to cut me a check for what I am entitled to of those savings as I walk out the door (one year prior to actually being able to file for divorce)? She is not agreeing to terms of separation because she would like to attempt the reconcile the relationship.
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