A home purchased in the State of California and the spouse signs the Deed off in an inter spousal deed transfer. The deed is recorded as the married spouse's sole and separate property. Can the State of Maryland declare such property Marital in a divorce and compel the spouse with the deed to sell it? Even if the property is out of the jurisdiction of the State of Maryland.
Marital Property is property acquired during the marriage regardless of title UNLESS it is excluded by valid agreement (or inheritance/gift to one party).
If your spouse signed it over to you in California then a Maryland Judge will rule that the property is NON-marital property of yours. Still, if you have a lot of non-marital property, a Maryland Judge could award your spouse more than 50% of the remaining marital property that you have. In that way, the Court could get around the fact that s/he signed off on the CA property. That is because Maryland is an equitable (not equal) property division state. This allows a Judge to create a fair result just in case most of the property is in one spouse's name. This may not happen in your case but it could.
The best solution is to have a global/whole settlement agreement that leaves all property resolved. A good law office can help you negotiate this and draft a solid agreement to avoid surprises later. I highly recommend that you consult with an experienced family law attorney. It's a little bit of money to save a lot later.
It's all presumed marital unless you can show it was intended to be conveyed as separate property. If both parties are on the deed it's presumed marital.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline