Starting a Divorce: First Questions About the House

No. Nothing in Maryland Family Law sections 8-205 or 8-208 requires a sale. Spouses agree to sell, buy each other out, or have one keep the home. If they disagree, the court divides marital property equitably and, for a jointly owned home, is allowed to transfer it, authorize a buyout, or award money.

Your attorney prepares and files the court papers. I am a real estate agent, so I do not file court papers or give legal advice. Ask your attorney how to start your case and what to do about the house first. Talk to your attorney before you list the house or move money out of it.

Ask your attorney. I do not state a timeline, because I have not verified one at a primary source. Plan the house around what you control. Add up the monthly carrying cost, put terms in writing with your spouse, and run a net sheet. In a made-up example at $3,500 a month, six months costs $21,000.

Ask your attorney for a written estimate. I do not state a cost, because it varies with the case. The house adds its own cost, because the mortgage, taxes, insurance, and utilities keep running until closing. Run a net sheet early so you see what a sale puts in each spouse's pocket.

Hire your own attorney. I am a real estate agent and I do not give legal advice. Your spouse needs a separate attorney, not yours. Ask your attorney to review any written terms for the house before you sign them. I do not recommend one attorney over another. Choose your own.

Ask your attorney. This page states no rule on what a filing changes. Read the deed and the papers in your case, then ask your attorney whether any court order or agreement limits selling, transferring, or borrowing against the home. Do not assume a limit applies, and do not assume none does.

Bring paper. Bring the deed or title information, the closing statement from your purchase, your latest mortgage statement, records of the down payment source, and records of money put into the house. Add any prenuptial, postnuptial, or written agreement about the home, your tax bill, insurance bill, HOA dues, and any appraisal.

Section 8-208(a)(2) lets the court decide possession and use while the case is pending. Until an order or a written agreement says otherwise, ask your attorney before you change locks, block your spouse, or move out. Any move that changes who lives in the house belongs in writing first.

Section 8-208(a)(1) lets the court give one spouse sole possession and use of the family home regardless of title. That decision comes from a court order. Do not change locks or remove belongings without a written agreement or an order. If you are not safe at home, call 911. Otherwise, call your attorney the same day.

Talk to your attorney before you move. Section 8-208(b) tells the court to consider each party's interest in continuing to use the home as a dwelling. If you leave, get the terms in writing first. Cover the mortgage, taxes, insurance, repairs, showings, and the date the house is listed.