Assignment task: MY OPINION ABOUT THIS
A property that is titled as tenants of the entirety is considered marital property. The court has a right to decide how that property is distributed. The property generating income does not change how the court views the property, it only changes the income amount for the married couple. In Colburn v. Colburn Colburn v. Colburn, 265 Md. 468, 473, 290 A.2d 480, 483 (1972) the couple owned several rental properties, and one particular property was used for the husband's business. The wife felt she was entitled to the proceeds of the rent paid every month because the husband no longer worked in the business and any rental income was from a third party. The court agreed with the wife because the property was held as tenants of the entirety, she was awarded half the rental income.
If the property was not tenants of the entirety and the court awarded one party the property, the other party would not be able to collect the rental income through equitable distribution of property. The court could consider rent from the property as income and the party not awarded half of the rent money could receive a higher one-time payment or alimony.