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Maryland Family Law Article section 8-205(b) tells the court to consider eleven factors before it sets a monetary award or the terms of a property transfer. They include contributions to the family, the value of each spouse's property, economic circumstances, the length of the marriage, ages, health, and how and when property was acquired.
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)(1) gives the court two tools. 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. The court uses these tools as an adjustment of equities and rights concerning marital property, whether or not alimony is awarded.
Before the court sets the amount and method of payment of a monetary award, or the terms of a property transfer, section 8-205(b) says it shall consider eleven factors. The statute lists the factors. It does not rank them. It contains no 50/50 rule.
Section 8-205(c) says the court is allowed to reduce a monetary award to judgment to the extent it is due and owing.
Your next step is to gather your records before your first meeting with your attorney. The checklist below covers the factors that run on paper. Ask your attorney how each factor applies to your case. I am a REALTOR®. I do not give legal advice.
Section 8-205(b) lists these factors in this order.
Factors 1, 2, and 8 depend on records. Start with this checklist. Each row shows who holds the document.
| Factor | What to gather | Who holds it |
|---|---|---|
| 1. Monetary contributions | Pay records, bank statements, and tax returns that show money paid toward the home, the mortgage, and household costs | You, your spouse, your bank, your employer, your tax preparer |
| 1. Nonmonetary contributions | A dated written list of work done for the family and the home, with photos and receipts for any materials | You |
| 2. Value of the home | An appraisal or a written market value opinion from a REALTOR®, plus a payoff letter from every lender | The appraiser, your REALTOR®, each lender |
| 2. Other property interests | The latest statements for bank, investment, and retirement accounts | Each financial institution, you, your spouse |
| 8. How the home was acquired | The closing statement, the deed, and the purchase contract | You, your lender, the title company that handled the purchase |
| 8. When it was acquired and with what money | Bank records that show the date and the source of the down payment | Your bank, you |
| 8. Effort put into the home | Invoices, receipts, and contractor records for improvements | You, the contractors who did the work |
This checklist is a gathering guide. It does not say what the court must see or how the court weighs any factor. Ask your attorney, lender, or title company what else you need.
I have seen this mistake before. One spouse arrives sure that years of work on the house settle the question. There are no receipts, no dates, and no bank records to show it.
This is where people usually get hurt. They argue about fairness and bring no paper.
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.
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.
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.
15 minutes. Free. No pressure.