McGeehan v. McGeehanAnnotate this Case
At issue in this case was whether an agreement entered into during the course of the parties’ marriage made manifest by three deeds by which title was transferred to Wife by Husband was sufficient to exclude those properties from consideration as marital property under Md. Code Ann. Fam. Law 8-201(e). The trial court concluded that the postnuptial agreement was not a “valid agreement” under the requirements of section 8-201(e). Before the court of special appeals, Wife argued that the circuit court judge had erred in classifying the property as marital property because there was a “valid agreement” under section 8-201(e) excluding the two pieces of real property from marital property. The court of appeals affirmed the trial court’s judgment. The Court of Appeals remanded the case for further proceedings, holding (1) under section 8-201(e), a valid postnuptial agreement does not require language that reclassifies property as nonmarital in order to exclude that property from marital property in divorce; (2) there was a valid postnuptial agreement to exclude one property as the nonmarital property of Wife; and (3) with respect to the second property, the trial judge, on remand, must consider whether there was a valid agreement to exclude the property as nonmarital under section 8-201(e)(2).