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Husband and Wife
Can I make a contract with my husband in Maryland?

Can I make a contract with my husband in Maryland?

Full question:

I am married and I live in Maryland. I wish to know that, if I make a contract with my husband as part of any business dealings, is it valid? Can I sue him if he commits breach of the contract?

Category: Husband and Wife
Subcategory: Right to Sue
Date: 04/07/2025
State: Maryland

Answer:

In Maryland, a married woman can enter into contracts with anyone, including her husband, and can sue for breach of contract. Historically, Maryland had inter-spousal immunity, which limited the ability to sue a spouse. However, this has changed, and now you can make valid contracts with your husband and sue him for breach as if you were unmarried. This right is outlined in the Maryland Family Law Code under Md. FAMILY LAW Code Ann. § 4-204, which states that a married woman may engage in business, make contracts, form partnerships, and sue on contracts, including those made with her husband.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you sue your spouse for breach of contract?

Yes, in Maryland, you can sue your spouse for breach of contract. The law allows married individuals to enter into contracts with each other and seek legal recourse if one party fails to fulfill their obligations. This change in law means that inter-spousal immunity no longer prevents such lawsuits. Always ensure that your contract is clear and legally binding to support your case if needed.

Can you sue for breach of marriage contract?

In Maryland, you cannot typically sue for breach of a marriage contract in the same way you would for a standard contract. Marriage contracts, or prenuptial agreements, are enforceable but disputes often lead to divorce proceedings rather than breach of contract lawsuits. If you believe your spouse has violated specific terms of a prenuptial agreement, you may seek legal advice on how to proceed.

Does Maryland recognize common law marriage?

No, Maryland does not recognize common law marriage. To be considered married in Maryland, couples must obtain a marriage license and go through a formal ceremony. However, Maryland does recognize common law marriages that were established in other states where such marriages are valid. Always consult legal counsel for specific situations.

Is it worth suing for breach of contract?

Whether it is worth suing for breach of contract depends on various factors, including the amount of damages, the likelihood of winning, and the costs involved. In Maryland, if you have a solid case and can demonstrate that your spouse breached a valid contract, it may be worth pursuing. Consider consulting with an attorney to evaluate your specific situation and potential outcomes.