Phone: 301-738-7770
Steven J. Gaba
Phone: 301-738-7770

Maryland uses equitable distribution property division standards

Maryland divorces include the need to divide property. This must be done in accordance with state laws, especially if you and your ex aren't able to come to an agreement through mediation sessions.

There are several points that come into the picture when you are trying to determine who is going to walk away from the marriage with which property. One of the factors that decides this in this state is the status of the property.

Maryland recognizes two property statuses during a divorce. One is marital property. This includes the property that was acquired during the marriage. Of course, there are some exceptions to this.

Property that isn't marital is considered nonmarital property. Inheritances and gifts that are given to one spouse are considered nonmarital property. Any property that one spouse owns prior to the marriage is considered nonmarital property unless the other spouse is added to the title or the property is gifted to the other spouse.

Maryland is an equitable distribution state. This means that everything doesn't have to be split up evenly. Instead, the split has to be fair. It might be a bit easier to get this done since you aren't trying to ensure the everything is split 50-50.

If you and your ex can't come up with an agreement together, you will have to turn to the court to divide the property. There are many things that the court will look at when trying to decide what is going to whom. This includes the time you were married, the contributions of each spouse and how the property was obtained. When it comes to what each person contributed to the marriage, this includes monetary and nonmonetary points, so the contributions of a stay-at-home spouse would be considered. You should find out how these points will impact your case.

Source: Maryland.gov, "Legal Rights in Marriage & Divorce in Maryland: Third Edition," accessed Oct. 20, 2017

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