Rockville Maryland Property Division Lawyer

Trying to determine what belongs to you and what doesn’t adds more stress to divorce. As your Maryland property division attorney, we will protect your interests and help you figure out what is and is not considered marital property according to Maryland law.

With our deep financial background, our Maryland divorce attorneys are uniquely equipped to ensure that assets are fairly valued. If any various types of assets are disputed, we will zealously advocate on your behalf.

In certain cases, we will bring experts onto our team, such as business evaluators, forensic accountants, business appraisers, and/or business consultants to ensure accurate valuations. Our Montgomery County division of assets lawyer has financial background experience and skill in handling complex division of asset cases.

Frequently Asked Questions About Maryland Property Division

What is property division in Maryland?

Property division, commonly referred to as equitable distribution, is the legal process employed to allocate property rights and financial obligations between spouses during divorce proceedings. In Maryland, the courts follow the principle of equitable distribution, meaning that property is divided in a manner that is fair, taking into account various factors, but not necessarily equally between the spouses. This approach emphasizes fairness based on individual circumstances rather than a strict 50/50 split.

What is considered marital property in Maryland?

Marital property includes all assets and debt incurred during the marriage, regardless of how the property is titled or which spouse’s name appears on the deed or account. This encompasses a wide array of items, including but not limited to real estate (such as the marital home), vehicles, bank accounts, retirement accounts, stocks and bonds, business interests, and personal property acquired during the marriage. The key criterion is that the property was acquired while the couple was legally married, which means that even if one spouse’s name is solely on the title, the other spouse may still have a claim to it.

What is considered non-marital property in Maryland?

Non-marital property, also referred to as separate property, consists of assets that were owned by one spouse before the marriage, any property received as an inheritance, and gifts that are specifically given to one spouse. Additionally, any assets or property that are explicitly excluded from marital property through a valid prenuptial agreement or postnuptial agreement also fall into this category. Non-marital property is not subject to division during a divorce, meaning that the spouse who owns the non-marital property retains full rights to it.

How does the court determine what is fair in Maryland property division?

When determining a fair division of property, Maryland courts consider several important factors that reflect the unique circumstances of each marriage. These factors include the monetary contributions of each spouse to the marital estate, such as salaries and savings, as well as non-monetary contributions, such as homemaking, child-rearing, and support of the other spouse’s career.

The length of the marriage is also a consideration; longer marriages may result in more equitable distributions. The economic circumstances of each spouse at the time of divorce, including income, employment status, and health, will influence the court’s decision as well. Moreover, any instances of marital misconduct, such as infidelity or economic misconduct—where one spouse has hidden or wasted marital assets—can significantly impact the division of property.

Can Maryland property division be agreed upon outside of court?

Yes, spouses have the option to reach an agreement regarding property division outside of court, which can be a less adversarial and more efficient process. This is typically accomplished through a property settlement agreement, wherein both parties negotiate and agree upon the terms of property division. If both spouses consent to the terms laid out in the agreement, the court usually approves the settlement, making it legally binding. This option can provide more flexibility and control over the outcome for both parties.

What happens if spouses cannot agree on property division in Maryland?

In situations where spouses are unable to agree on how to divide their property, the court will take on the responsibility of determining the division. The process will involve a trial where both parties present evidence and arguments regarding their claims to various assets. The court will apply the principle of equitable distribution, taking into account the previously mentioned factors to reach a decision that aims to be fair based on the individual circumstances of the case.

Does Maryland follow community property laws?

No, Maryland does not follow community property laws, which require a strict 50/50 division of all marital assets. Instead, Maryland’s equitable distribution law allows for a more nuanced approach, where property is divided fairly rather than equally. This means that the court can take various factors into account, leading to differing distributions based on the specifics of the marriage and financial circumstances.

How is property division in Maryland affected by economic misconduct?

Economic misconduct includes actions such as hiding marital assets, intentionally depleting shared resources, or wasting marital funds for personal gain. If the court finds that one spouse has engaged in such misconduct, it has the discretion to award a larger share of the marital property to the other spouse as a remedy for the wrongdoing. This ensures that the guilty party does not benefit from their actions and that the innocent spouse receives a fairer distribution of the assets.

What role do non-monetary contributions play in Maryland property division?

Non-monetary contributions refer to the support roles that a spouse may play during the marriage that do not have a direct monetary value, such as caregiving, managing household affairs, and other supportive tasks. Courts in Maryland recognize these contributions as valuable and consider them in the property division process.

For instance, a spouse who has dedicated years to raising children or managing the household may be awarded a more significant share of the marital estate to acknowledge their contributions that may have supported the other spouse’s career and financial growth.

Can Maryland property division orders be modified?

Yes, property division orders can be modified under specific circumstances. If there is a significant change in circumstances affecting either spouse, such as a dramatic shift in income, changes in employment, or alterations in financial needs, a court may reconsider the terms of the property division order. To initiate this process, the requesting spouse must demonstrate that the change in circumstances is substantial and warrants a review of the original property division agreement. Modifying property division orders requires extreme circumstances.

Contact Our Rockville Property Division Attorney

No matter what your situation, our Rockville property division attorney will keep you updated, and we will always be available to answer your questions about anything related to property division and discuss your options.

To learn more about how our Maryland family law attorney can help you with your particular situation, please contact us to schedule a free initial consultation. Call (301) 315-0001 to speak to our property division attorney today.

(2/19/2025)