Who Gets the House in a Maryland Divorce? 10 Questions

No spouse gets the house by default. The court determines marital property and its value, then adjusts equities and rights under Family Law Article section 8-205. For a jointly owned home used as the principal residence, the court is allowed to transfer it to one spouse, authorize a buyout, or do both. Spouses are free to agree on their own terms.

No. Family Law Article section 8-205 contains no 50/50 rule. The court weighs eleven factors, including each spouse's contributions, the value of all property interests, economic circumstances, how long the marriage lasted, ages, physical and mental condition, and how and when the property was acquired. Spouses who agree set their own split in writing.

Section 8-205(b) tells the court to consider eleven factors. They include monetary and nonmonetary contributions to the family, the value of each spouse's property interests, economic circumstances, the duration of the marriage, ages, health, and how and when property was acquired. The court also considers any alimony award and any other factor it finds necessary for a fair result.

Equitable distribution is the way a Maryland court divides marital property. Under Family Law Article section 8-205, the court adjusts the equities and rights concerning marital property after it weighs eleven factors. Fair is not the same as equal. The statute contains no 50/50 rule. Your attorney explains how the factors apply to your case.

A monetary award is money one spouse pays the other as an adjustment of equities and rights concerning marital property. Section 8-205(c) lets the court reduce an award to judgment to the extent it is due and owing. In a made-up example, equity of $400,000 and a 45% share equals $180,000. The court sets the real number.

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.

Marital property is property either spouse acquired during the marriage, however titled. Maryland Family Law Article section 8-201 sets that definition. A house bought during the marriage is marital property, and the name on the deed does not change that. Section 8-201 also counts an interest in real property held as tenants by the entirety, unless a valid agreement excludes it.

Non-marital property is property that Maryland Family Law Article section 8-201 keeps outside the marital property definition. The statute excludes property acquired before the marriage, property acquired by inheritance or gift from a third party, property excluded by valid agreement, and property directly traceable to any of those sources. Keep the records that trace it.

The house is still marital property if you acquired it during the marriage. Section 8-201 defines marital property as property acquired during the marriage, however titled. The name on the deed does not decide that. Your spouse's claim depends on the facts and the section 8-205 factors. Ask your attorney how the statute applies to your case.

The deed does not settle who gets the value. Maryland Family Law Article section 8-201 defines marital property as property acquired during the marriage, however titled. Read the deed and ask your attorney who signs a sale and what your rights are before anyone lists the house. Sign nothing until the written terms are agreed. Confirm the signing requirements for your sale with your attorney.