Type a topic or phrase to search across all downsizing guides, blogs, and resources.
No. Maryland Family Law Article section 8-205 contains no 50/50 rule. After the court determines marital property and its value, it weighs eleven listed factors, including each spouse's contributions, economic circumstances, and the length of the marriage. Spouses who agree set their own split in writing. An even split is a choice, not a rule.
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 has no 50/50 rule. Section 8-205(a)(1) says that 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 does this as an adjustment of equities and rights concerning marital property. The text sets no percentage.
Section 8-205(b) lists eleven factors. The court considers them when it decides the amount and method of payment of a monetary award, or the terms of a property transfer. The table below lists all eleven.
Marital property comes first. Section 8-201 defines it as property acquired by one or both spouses during the marriage, however titled. It 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 those sources. Part of a house is sometimes non-marital. Ask your attorney how that applies to your house.
Your next step is paper. Write down when you bought the house, where the down payment came from, and what each spouse put into it. Bring the closing statement and the bank records to your attorney.
| No. | Section 8-205(b) factor | What it means for the house |
|---|---|---|
| 1 | Monetary and nonmonetary contributions to the well-being of the family | Money and non-money contributions both count. List what each spouse contributed to the household and to the house. |
| 2 | The value of all property interests of each party | The court looks at everything each spouse owns. The house is one item in that total. |
| 3 | The economic circumstances of each party at the time the award is made | The court looks at each spouse's finances when the award is made, not when you bought the house. |
| 4 | The circumstances that contributed to the estrangement | The statute lists the circumstances behind the estrangement as a factor. Ask your attorney how it applies to your case. |
| 5 | The duration of the marriage | Write down your marriage date and your purchase date. |
| 6 | The age of each party | Each spouse's age is on the list. |
| 7 | The physical and mental condition of each party | Each spouse's physical and mental condition is on the list. |
| 8 | How and when specific marital property was acquired, including the effort expended by each party in accumulating it | The court looks at how and when the house was acquired and the effort each spouse put into it. Keep the closing statement and the records of the down payment. |
| 9 | The contribution by either party of property described in section 8-201(e)(3) to the acquisition of real property held as tenants by the entirety | This factor ties to property described in section 8-201(e)(3) and to a house held as tenants by the entirety. Ask your attorney how it applies to your deed. |
| 10 | Any award of alimony and any award or other provision made under the family home or family use personal property section | The court considers any alimony award and any provision for the family home together with the property award. |
| 11 | Any other factor the court considers necessary or appropriate to reach a fair and equitable award | The court is allowed to weigh a factor that is not on the list if it finds the factor necessary or appropriate. |
Made-up numbers. These are made-up agreements between spouses. They are not court results. Start with the same net proceeds of $383,000 from a home sale.
| Agreed split | Spouse A | Spouse B |
|---|---|---|
| 50/50 | $191,500 | $191,500 |
| 55/45 | $210,650 | $172,350 |
| 60/40 | $229,800 | $153,200 |
Step math. 50/50: $383,000 times 0.50 is $191,500 for each spouse. 55/45: $383,000 times 0.55 is $210,650. $383,000 times 0.45 is $172,350. The two shares add to $383,000. 60/40: $383,000 times 0.60 is $229,800. $383,000 times 0.40 is $153,200. The two shares add to $383,000.
Moving from 50/50 to 55/45 shifts $19,150 from one spouse to the other. Moving to 60/40 shifts $38,300. Spouses who agree choose the split in writing. A court decision follows the section 8-205 factors and sets its own number.
I have seen this mistake before. A spouse tells the other "Maryland is 50/50, so take it or leave it." Neither spouse has read section 8-205. This is where people usually get hurt.
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.
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.
Net proceeds are the sale price minus the loan payoff and the closing costs. The split follows what you and your spouse agree in writing or what a court orders. Maryland Family Law section 8-205 contains no 50/50 rule. Ask your title company and your attorney who holds the money and when each spouse receives it.
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.