US Legal Forms
Legal Resources
Questions & Answers
Marriage
Can a husband sue his wife for breach of business contract entered between them under Maryland law?

Can a husband sue his wife for breach of business contract entered between them under Maryland law?

Q: Can you sue your husband for breach of contract?

Yes, in Maryland, you can sue your husband for a breach of contract, just as you can with your wife. The law allows spouses to enter into contracts with each other and provides the same legal rights to pursue a breach of those contracts, as outlined in Md. Family Law Code Ann. § 4-205.

Q: Can you sue your spouse for breach of contract?

Yes, you can sue your spouse for breach of contract in Maryland. The law treats spouses as separate parties in contractual agreements, allowing you to take legal action for any breaches that occur, as stated in Md. Family Law Code Ann. § 4-205.

Q: How many years is a common law marriage in Maryland?

Maryland does not recognize common law marriage. However, if a couple established a common law marriage in another state that recognizes it, Maryland will acknowledge that marriage. Always consult with a legal expert for specific advice regarding marital status and rights.

Full question:

I am married and I live in Maryland. I like to know that, if I enter a business contract with my wife and she breaches the same, then, can I sue her?

Category: Marriage
Date: 04/07/2025
State: Maryland

Answer:

In Maryland, a person can sue his or her spouse for a breach of contract. Thus, you may sue your wife upon breach of a business contract as if she were unmarried. The provision regarding the husband’s right to sue his wife, on a contract made with her, is provided in Md. FAMILY LAW Code Ann. § 4-205. This section reads in its pertinent part as follows:

"(a) Husband's right.-- A husband may sue his wife on a contract made with her, as if she were unmarried."

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

What evidence is needed for a breach of contract?

To prove a breach of contract, you typically need to show the existence of a valid contract, evidence of the specific terms, and proof that the other party failed to perform their obligations. This can include written documents, emails, or witness testimonies that demonstrate the agreement and the breach. It's also important to show any damages you incurred due to the breach.

Can you sue your husband for breach of contract?

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 the case, and the costs of litigation. Consider whether the potential recovery justifies the time and expense of a lawsuit. Consulting with a legal professional can help you evaluate your specific situation.