Maryland Property Division Lawyer

If you are going through a divorce, it is crucial to understand how marital property will be divided between yourself and your spouse. In the state of Maryland, all marital property is subject to equitable distribution upon divorce. This means that while marital property may be distributed between both parties equitably, the division may not necessarily be equivalent, or 50/50.

A Maryland property division lawyer can provide you with sound legal advice if you are in the midst of divorce proceedings. A skilled family law attorney from our firm would understand how stressful this period can be and would work tirelessly to help you navigate the legal process while pursuing the most beneficial resolution to your case.

What is the Difference Between Marital and Separate Assets in Maryland?

Maryland law divides property into two separate types: marital and non-marital or separate property. While marital property is subject to equitable distribution in the event of a divorce, separate or non-marital property would remain under the sole ownership of either spouse. Marital property refers to any assets acquired during the course of the couple’s marriage. Examples of marital property that may be equitably distributed in the event of a divorce include motor vehicles, bank accounts, houses, and pensions.

Separate Property

Non-marital property, on the other hand refers to any asset that was acquired by either spouse before the start of their marriage. Generally, inheritances and gifts would be considered non-marital property and would therefore not be subject to division. A well-versed attorney can assist with each stage of the Maryland property division process to ensure that all marital assets are properly discovered and accounted for.

How Do Maryland Courts Decide the Equitable Distribution of Property?

There are a variety of factors that can impact a Maryland family court’s decision on the equitable distribution of marital property. For example, the financial circumstances of each party, the ages of each party, and the duration of their marriage could influence the outcome of asset distribution.

The court may take into account whether either party has already been granted alimony, or if one or both parties engaged in any type of wrongdoing that ultimately led to the divorce. Family violence or substance abuse may count against the offending party in terms of property division. Economic contributions made by both parties throughout the marriage are also considered by the divorce court when distributing assets in Maryland.

Possession Rights

When either party to a divorce is granted custodial rights of their child, they may also be granted a use and possession award. In these cases, the court must determine whether allowing the custodial parent to continue to reside in the property would be in the best interests of the child.

Vehicles and homes are frequently included in a possession and use award. A Maryland property division attorney could advocate for a use and possession award on behalf of a divorcing parent.

Get in Touch with a Maryland Property Division Attorney As Soon As Possible

If you have questions about your legal rights and options regarding asset distribution, do not delay in contacting a Maryland property division lawyer. An attorney can ensure that all of your marital assets are documented and accounted for in an equitable distribution award and work to obtain a positive outcome in your case. Schedule your consultation by calling our firm today.