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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 whatever the deed says. Section 8-201 also counts a tenants by the entirety interest in real property, unless a valid agreement excludes it.
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
Marital property is property acquired by 1 or both parties during the marriage, however titled. That is the wording of Maryland Family Law Article section 8-201. Who signed the deed does not decide it. The date of acquisition does.
Section 8-201 also includes any interest in real property that the parties hold as tenants by the entirety, unless a valid agreement excludes it. Read your deed to see how you hold title. Ask your title company or attorney what the wording means for you.
The section keeps four things out. Property acquired before the marriage. Property acquired by inheritance or gift from a third party. Property excluded by a valid agreement. Property directly traceable to any of those sources.
The section also defines the family home. It is property used as the principal residence, owned or leased by the parties, and occupied by them with a child. Section 8-208 lets the court decide possession and use of the family home regardless of how it is titled.
Next step: write the date you married and the date you acquired the house. Gather the records in the table below. Ask your attorney how tracing applies to your house.
| Situation | What section 8-201 says | What to document |
|---|---|---|
| House bought during the marriage | Section 8-201 defines marital property as property acquired during the marriage, however titled. No exclusion applies on these facts alone. | Closing statement, deed, mortgage statements, and the source of the down payment. |
| House bought before the marriage | Section 8-201 excludes property acquired before the marriage. The text does not describe how joint mortgage payments or renovations during the marriage affect it. Ask your attorney how tracing applies. | Closing statement that shows the purchase date, deed, mortgage statements, and bank records that show which account paid each month. |
| Inherited house | Section 8-201 excludes property acquired by inheritance, and property directly traceable to it. The text does not settle what happens if both names are later put on the deed. Ask your attorney how tracing applies. | Probate papers, the deed, and records that show where any inherited money went. |
| Down payment from a parent's gift | Section 8-201 excludes property acquired by gift from a third party, and property directly traceable to it. The text does not settle how much of the house is traceable, or whether a particular gift to one spouse or both qualifies. Ask your attorney how tracing applies. | Bank statements that show the deposit and the transfer to closing, the closing statement, and any written record of the gift. |
| House in one spouse's name only | Section 8-201 says however titled. The name on the deed does not decide whether the house is marital property. The acquisition date and the exclusions do. | Deed, marriage date, acquisition date, closing statement, and records of who paid the mortgage. |
I have seen this mistake before. A spouse says the house is theirs because the deed has one name. The statute does not use the deed as the test.
This is where people usually get hurt. They find out what they needed to prove after the records are gone.
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
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.
Section 8-201 excludes property acquired before the marriage from marital property. Your closing statement shows the purchase date. If joint income later paid the mortgage or paid for renovations, ask your attorney how that affects your claim. Gather your deed, mortgage statements, and bank records now.
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.
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