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Yes, for a jointly owned home used as the principal residence. Section 8-205(a)(2)(iii) lets the court order a transfer to the other spouse if that spouse obtains release from the liens. The court is also allowed to authorize a buyout on terms it sets, or to do both. Lien terms apply. Ask your attorney how this works on your deed.
By Marc Cormier
Licenses: Maryland #620443 | Virginia #0225175181 | DC #SP98365998 | Berkshire Hathaway HomeServices
27+ years in real estate. 800+ closed transactions.
Certified as a Certified Divorce Real Estate Expert (CDRE) in 2014.
Last updated: October 2, 2026
Maryland Family Law Article section 8-205(a)(2)(iii) covers real property that the spouses jointly own and use as their principal residence. The text begins "subject to lien terms." It then names the court's tools.
Section 8-205(a)(1) is the general power. After the court determines marital property and its value, it is allowed to transfer ownership of an interest in property, grant a monetary award, or both.
Ownership and living in the house are separate questions. Section 8-208 lets the court give one spouse sole possession and use of the family home, or divide possession and use, regardless of how the home is titled. That order decides who lives in the house. It does not decide who owns it.
The lien language is the practical part. A transfer to you depends on you obtaining release from the liens. The statute does not say how. You need a plan for the loan. A new loan in your name is one plan. Whether a lender approves you on your income is the lender's decision. Fannie Mae Selling Guide section B2-1.3-02 treats a buyout of one owner by another, for example in a divorce settlement, as a limited cash-out refinance if the home was jointly owned at least 12 months and the keeping spouse qualifies. That is one rule from one source. Your lender sets its own terms. Ask the lender before you ask for the house.
Each row follows the text of section 8-205(a)(2)(iii).
| Tool | What the text says | What the keeping spouse must do per the text | Practical question to ask |
|---|---|---|---|
| Transfer to the other spouse | The court orders transfer to the other party, subject to lien terms. | Obtain release from the liens. | Lender: what do you need from me to release the existing loan? Attorney: how do the lien terms on my deed apply? |
| Buyout on court terms | The court authorizes purchase of the other party's interest on terms the court sets. | Buy the other spouse's interest on the court's terms. The text names no other step. | Lender: will you fund this purchase on my income alone? Attorney: what terms is the court likely to set in my case? |
| Both | The court orders the transfer and authorizes the purchase. | Obtain release from the liens and buy the other spouse's interest on the court's terms. | Lender: does one loan cover both jobs? Attorney: how do the two orders fit together? |
Spouses are free to agree on their own terms instead. Put the agreement in writing and ask your attorney to review it.
I have seen this mistake before. A spouse asks for the house, gets it, and then cannot carry the loan. This is where people usually get hurt.
Section 8-205(a)(2)(iii) names three tools for a jointly owned principal residence. The court orders a transfer to one spouse, authorizes a buyout on court terms, or does both. Whether a court ordered sale is available in your case is a question for your attorney. Try written terms and mediation first.
Yes, if your spouse agrees on the value and the share and you are able to fund the payment. The buyout equals equity times the agreed share. Equity is value minus the mortgage. If a loan funds it, a lender decides whether you qualify. Section 8-205(a)(2)(iii) also lets the court authorize a buyout on its terms. Your attorney writes the terms.
Ask your lender. The loan is a contract with the lender, so read your loan papers and ask what removes a name from the loan. Your divorce agreement decides who pays between you and your spouse, and Maryland Family Law Article section 8-208(c) lets the court order either party to pay. Ask your attorney how your agreement treats the loan.
Montgomery County
The Montgomery County Circuit Court runs a Family Law Self-Help Center. It is a free walk-in clinic staffed by attorneys, in the South Tower, First Floor, Room 1500. It gives general legal information or limited legal advice on divorce, custody, and related matters. You still pay case fees and costs.
Source: https://www.montgomerycountymd.gov/circuit-court/services/family-law-self-help-center
You should have your own. I am a real estate agent. I do not give legal advice, and I do not work for one spouse against the other.
I am not affiliated with any law firm. I do not recommend one attorney over another. Your spouse needs their own attorney, not yours.
If you need to find one, start with these bar association resources:
Links open in a new tab.
| What an attorney handles | What I handle |
|---|---|
| Who gets the house and the money | The value of the house |
| The marital settlement agreement | The net sheet |
| Court orders that affect the sale | Listing, showings, offers, and closing |
| Custody, support, and everything outside real estate | A written record of every showing and decision |
General information only. Not legal, tax, or financial advice. The referral services are independent of me. I do not guarantee any attorney's work or results.
Licenses: Maryland #620443 | Virginia #0225175181 | DC #SP98365998 | Berkshire Hathaway HomeServices
Co-author of "Cracking the Real Estate Code," a best seller in four Amazon categories on release day, September 2013.1
1. PRWeb, September 13, 2013.
Certified as a Certified Divorce Real Estate Expert (CDRE) in 2014.
General information only. Not legal, tax, or financial advice. Examples use made-up numbers.
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