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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.
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
Three Maryland statutes touch the house. They work at different times. Read each one on its own.
Maryland Family Law Article section 8-201 defines marital property as property acquired by one or both spouses during the marriage, however titled.
Section 8-208(a)(2) says the court is allowed to act on possession and use of the family home while the case is pending. The court is allowed to give one spouse sole possession and use, or to divide possession and use. Section 8-208(b) tells the court to weigh the best interests of any child, each spouse's interest in using the home, and any hardship. Section 8-208(c) allows the court to order either or both spouses to pay the mortgage, insurance, taxes, and similar expenses.
Section 8-205 comes later. After the court determines marital property and its value, it is allowed to transfer an interest in property, grant a monetary award, or both.
None of these sections says what changes on the day you file. This page states no rule on that. Ask your attorney, lender, or title company. Then work the checklist below.
Gather these seven items. Each one answers a question you will face.
| Item | Why it matters | Who to ask |
|---|---|---|
| Copy of the deed | Shows who is named on title | Your attorney or title company |
| Mortgage statements | Show the lender, the loan balance, and the payment due | Your lender and your attorney |
| Tax bill | Shows what is owed on the home and when | Your attorney or tax professional |
| Insurance policy | Shows who is covered and what the policy requires | Your insurance agent |
| List of every loan | A second loan or credit line changes the equity number | Your lender and your title company |
| Papers in the case | Any order or agreement in your case limits or allows specific acts | Your attorney |
| Written agreement on payments and access | Settles who pays what and who uses the home until the case ends | Your attorney |
Put the seven items in one folder. Bring the folder to your first attorney meeting.
This is where people usually get hurt. They act on a rumor about what a filing does and never read the papers in their own case.
Ask your attorney. Whether an order or agreement limits a sale depends on the papers in your case, not on a general rule. If you and your spouse agree on terms and both sign, ask your attorney to confirm that nothing blocks the listing. Write the terms down first so a disagreement does not stall the sale.
Yes, if both owners agree and sign. Put the sale terms in writing first and have each attorney review them. Ask your attorney whether any court order or agreement in your case limits a sale before you list. Ask your title company and your attorney who holds the proceeds and when each spouse receives them.
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.
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.