Property division is often the part of a divorce with the longest-lasting financial effect. We work to identify every asset and debt, trace what belongs to whom, and build a clear case for a fair result.
How property division works in Maryland
In general, the process follows three steps:
- Identify marital property. Property acquired by either spouse during the marriage is generally marital, regardless of whose name is on the title. Property acquired before the marriage, by inheritance or gift from a third party, or excluded by a valid agreement is generally not marital, as long as it can be traced.
- Value it. Homes, businesses, pensions and investment accounts may require appraisals or expert valuations.
- Decide whether an adjustment is fair. The court may grant a monetary award or transfer certain retirement interests to adjust the parties' rights, after considering factors such as each spouse's contributions, the length of the marriage, and the circumstances that led to the divorce.
Protecting your share
We look closely for funds that were moved, hidden or spent on things unrelated to the marriage, sometimes called dissipation. When it can be shown, the court may account for those funds when dividing what remains.
Larger or more complex estates are covered on our high-asset divorce page.
Common questions about property division
Who keeps the house?
There is no automatic answer. The court may consider each spouse's contributions, the children's needs, and the overall division of property. Options include a buyout, a sale, or, where children are involved, temporary use and possession of the family home.
Is my inheritance marital property?
An inheritance from a third party is generally not marital, but it can lose that protection if it is mixed with marital funds in a way that cannot be traced. Keeping records helps.
Are debts divided too?
Debts are considered when the court evaluates the overall division, and the parties can allocate them in a settlement agreement. Lenders are not bound by that agreement, so joint debts need careful handling.