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Statutes Text

Article - Family Law




§4–301.

    (a)    (1)    An individual is not liable for:

            (i)    any debt contracted by the individual’s spouse before the marriage; or

            (ii)    any claim or demand against the spouse that arose before the marriage.

        (2)    The debtor spouse and that spouse’s property are liable for the debt as if the marriage had not occurred.

    (b)    A husband is not liable:

        (1)    for a tort that is committed:

            (i)    separately by his wife; and

            (ii)    without his participation or sanction; or

        (2)    on a contract made by his wife in her own name and on her own responsibility.

    (c)    A judgment or decree in a proceeding under § 4-205(b) of this title shall:

        (1)    be passed against the wife only; and

        (2)    operate only on the property she owned individually before or after the marriage.

    (d)    (1)    Except as provided in paragraph (2) of this subsection, the property that a woman owns at the time of her marriage, or acquires after her marriage, is not liable for the payment of her husband’s debts.

        (2)    (i)    A transfer of property between spouses is invalid if made in prejudice of the rights of present creditors.

            (ii)    A claim under this paragraph shall be asserted within 3 years after the transfer or be barred absolutely.

            (iii)    For purposes of this paragraph, all claims are considered due and matured.