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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.
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 8-208(a)(1) lets the court give one spouse sole possession and use of the family home, or divide possession and use between the spouses. The court acts this way regardless of how the home is titled, owned, or leased. Section 8-208(a)(2) says the court is allowed to use these powers while the case is pending.
Section 8-208(b) says the court shall consider the best interests of any child, each spouse's interest in continuing to use the home as a dwelling, and any hardship on the spouse whose interest is infringed.
Section 8-208(c) lets the court order either or both spouses to pay the mortgage or rent, related debt, maintenance, insurance, assessments, taxes, or similar expenses.
The statute text states no rule on abandonment, on the effect of leaving, or on your rights after you leave. This page states none either. Ask your attorney before you move.
Next step: put the terms in writing before you pack. Use the checklist below.
Settle each item with your spouse in writing. Ask your attorney to review the terms first.
| What to put in writing | Why it matters |
|---|---|
| Who pays the mortgage | The payment is due every month whether or not anyone lives in the house. |
| Who pays property taxes | Tax bills arrive on a schedule. Agree who pays each one before the first is due. |
| Who pays insurance | A lapse leaves the house unprotected. Ask your insurer how a vacant house is treated. |
| Who pays repairs | A repair left undone lowers the sale price. Agree on a dollar limit and who approves. |
| Who pays utilities | Utilities keep the house ready to show. Agree who holds each account. |
| Access for showings | A buyer needs the house open on short notice. Agree on notice, hours, and who is present. |
| The listing date | A date on paper ends the argument about timing. Carrying costs run until closing. |
| How carrying costs are repaid from proceeds | The spouse who pays more needs a written way to be repaid at closing. Ask your attorney and your title company how to word it. |
| Access to belongings | Each spouse needs a written list and a time to collect items. Do not remove belongings without a written agreement or an order. |
Made-up numbers. Carrying cost is $3,500 a month. The house stays unsold for 4 months.
| Plan | Each month | Total over 4 months |
|---|---|---|
| Both pay half | $1,750 each | $7,000 each, $14,000 combined |
| One spouse pays all | $3,500 | $14,000 for the payer, $0 for the other |
Check the math: $3,500 times 4 is $14,000. Half of $14,000 is $7,000. When one spouse pays all, that spouse carries $7,000 more than a half share.
If you agree in writing how the payer is repaid from the proceeds, the $7,000 has a path back at closing. If nothing is written, the $7,000 stays in dispute. Ask your attorney how to handle it.
I have seen this mistake before. One spouse moves out on a promise. Nobody writes it down. Six months later the mortgage payments are a fight.
This is where people usually get hurt. They move first and ask questions later.
If keeping the home does not work, here is how a divorce sale runs.
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.
A spouse who moves out is still an owner if the name stays on the deed. Both owners sign the listing agreement, every offer, and the closing papers. Moving out changes access and carrying costs. It does not change the deed. Put showing rules and payment terms in writing, and ask your attorney before anyone changes the locks.
Local note for 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.