Maryland Divorce Law and Property Division
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What is Considered Marital or Non Marital Property.
(8-201)(e)
"Marital property" means the property, however titled, acquired by one or both parties during the marriage, including any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement. Marital property does not include property:

1. Acquired before the marriage;

2. Acquired by inheritance or gift from a third party;

3. Excluded by valid agreement; or

4. Directly traceable to any of these sources.

 

Retirement Plans.
(8-205)
The court may transfer ownership of an interest in a pension, retirement, profit sharing, or deferred compensation plan from one party to either or both parties, grant a monetary award, or both, in order to make the property settlement fair and equitable. The court shall make this determination based on the following guidelines:

1. The contributions, monetary and non-monetary, of each party to the well-being of the family;

2. The value of all property interests of each party;

3. The economic circumstances of each party at the time the award is to be made;

4. The circumstances that contributed to the estrangement of the parties;

5. The duration of the marriage;

6. The age of each party;

7. The physical and mental condition of each party;

8. How and when specific marital property or interest in the pension, retirement, profit sharing, or deferred compensation plan, was acquired, including the effort expended by each party in accumulating the marital property or the interest in the pension, retirement, profit sharing, or deferred compensation plan, or both

9. The contribution by either party of non-marital property, described above, to the acquisition of real property held by the parties as tenants by the entirety;

10. Any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and 

11. Any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in the pension, retirement, profit sharing, or deferred compensation plan, or both.

 

Occupancy and Use of the Family Home.
The court shall enable any child of the family to continue to live in the environment and community that are familiar to the child, and shall provide for the continued occupancy of the family home and possession and use of family property by a party with custody of a child who has a need to live in that home. 

(8-208)(b)
In awarding the possession and use of the family home and family property, the court shall consider each of the following factors:

1. The best interest of the child;

2. The interest of each party in continuing to use the family personal property or to occupy or use the family home, either as a personal dwelling or for the production of income; and

3. Any hardship imposed on the party whose interest in the family home or family property is infringed on.

 

Learn more about general property division in divorce or common ways to divide your property.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to...
General Maryland Divorce Laws
Alimony Laws in Maryland
Maryland Child Custody Laws
Maryland Child Support Laws
Maryland Divorce Law and Property Division

 

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IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Maryland statutes. You can find the full-text version of these and other Maryland divorce statutes online here: Maryland Divorce Laws (when you get there, click on "Maryland Code" then "Family Law").