4 Common Aspects Of Property Division During Maryland Divorce

When granting a divorce or annulment, the Maryland courts usually resolve any issues relating to property division at the same time. In the process, the courts decide the ownership of personal and real property. Though the courts can divide ownership between the parties or compel a sale and divide the proceeds.

When dividing property between the parties to divorce or annulment, the Maryland courts generally deal with: (1) Marital Property, (2) Non-Marital Property, (3) Family Use Personal Property, and (4) The Family Home.

What is the Maryland Definition of Marital Property?

Maryland Code of Family Law Section 8-201 defines the term “marital property.” Under this section, the term marital property refers to:

• Any property acquired by either party or both parties during their marriage, regardless of how such property is titled unless excluded as marital property; and
• Any interest in real property held by the parties as tenants by the entirety, unless such real property is excluded by a valid contract.

What is the Maryland Definition of Non-Marital Property?

The definition of the term “non-marital property” also appears under Section 8-201. This section defines non-marital property as:

• Property acquired before marriage;
• Property acquired by inheritance or gift from a third party;
• Property excluded by a valid contract; or
• Property directly traceable to the sources above.

What is the Maryland Definition of Family Use Personal Property?

The definition of the term “family use personal property” also appears under Section 8-201. This section defines family use personal property as:

• Tangible personal property that is used primarily for family purposes; and
• Property that the parties acquired during marriage and is owned by either party or both parties.

Examples of family use personal property include but are not limited to household appliances, furniture, and motor vehicles. But family use personal property does not include:

• Property acquired by inheritance or gift from a third party; or
• Property excluded by a valid contract.

What is the Maryland Definition of the Family Home?

The definition of the term “family home” also appears under Section 8-201. This section defines the family home as any property in Maryland that:

• The parties used as their principal residence when they lived together;
• Either party or both parties own or lease at present; and
• Either party or both parties and a child will use as their principal residence in the future.

That being said, the family does not include:

• Property acquired before marriage;
• Property acquired by inheritance or gift from a third party; or
• Property excluded by a valid contract.

Do You Need Legal Help?

If you need legal assistance with Maryland property division laws, it can be incredibly valuable to contact a diligent Bel Air child custody attorney. The attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in family and criminal law, including property division. If you need legal help, contact us today for an initial consultation.

SOURCE:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=8-201&enactments=true