What Are Crawford Credits In Maryland?

Divorce can be complex, especially when it comes to dividing property and determining who is responsible for paying expenses like the mortgage or property taxes. In Maryland, a legal concept known as Crawford Credits can play a significant role in how these issues are addressed. Named after the landmark case Crawford v. Crawford, these credits allow a payor spouse to seek contributions from a non-payor spouse for certain expenses related to jointly owned property. At Shah & Kishore, we frequently guide our clients through this aspect of divorce to ensure that financial responsibilities are fairly shared.

Understanding Crawford Credits is very important if you or your spouse have been maintaining a home, paying for repairs, or covering taxes during a separation. These credits recognize the financial burden carried by the spouse who continues to pay these expenses, especially when the other spouse no longer contributes. Crawford Credits are not automatic, and important exceptions and rules apply. Maryland courts will examine these claims to determine if a credit is warranted, and every case is different.

Let’s now explore how Crawford Credits work, when they apply, and what exceptions may prevent a spouse from receiving them. By understanding how Crawford Credits works in Maryland family law, you and your attorney can make more informed decisions about property and finances as you navigate the divorce process.

How Crawford Credits Work

At the core of Crawford Credits is the principle that both parties in a marriage, when they co-own a property, share responsibility for the expenses associated with that property. When one spouse continues to pay the mortgage, taxes, or upkeep of the marital home after the couple has separated, that spouse may be entitled to reimbursement from the other.

For example, if you continue to live in the family home and pay the mortgage while your spouse moves out, Crawford Credits may allow you to seek contributions from your spouse for their share of the expenses. This is especially important when significant costs, such as property repairs or taxes, are involved. The purpose is to prevent one spouse from shouldering the financial burden alone when the property is jointly owned.

The case Crawford v. Crawford, decided by the Maryland Court of Appeals in 1982, established this legal concept by recognizing that a spouse who continues to pay for jointly owned property should not be left to bear all the financial responsibility. However, these credits are subject to several important limitations and exceptions.

Exceptions To Crawford Credits

While Crawford Credits offer relief to the payor spouse, there are some situations where a court may refuse to grant them. The following exceptions are designed to make sure that the credits are only applied in cases where they are fair and appropriate. Let’s take a closer look at some of the key exceptions to Crawford Credits:

  1. Ouster – If one spouse is forced out of the marital home, the court may decide that it is unfair to require them to contribute to the property’s expenses. The concept of ouster refers to situations where one spouse is excluded from the home by the other. In these cases, the spouse who was ousted may not be required to contribute to mortgage or maintenance costs. However, courts will examine these situations on a case-by-case basis, and there is no automatic rule against Crawford Credits in such instances.
  2. Use of Marital Funds – If the payor spouse is using marital funds to cover the expenses of the property, they may not be entitled to Crawford Credits. This is because both parties technically contribute to expenses through the use of shared marital assets. For instance, if mortgage payments are being made from a joint account, it wouldn’t be fair for the payor spouse to claim a credit, as both spouses are effectively paying for the property. Courts will look carefully at how the payments were made to determine whether Crawford Credits apply.
  3. Prior Agreements – If the spouses have previously agreed on how property expenses will be handled during separation, this agreement may prevent one spouse from seeking Crawford Credits. For example, suppose both parties have come to an arrangement about how the mortgage or other costs will be divided. In that case, a later request for credits may be denied. It is important to review any agreements made during separation to understand how they impact claims for reimbursement.
  4. Equity Considerations – Courts in Maryland will always consider the fairness of awarding Crawford Credits, taking into account the overall financial situation of both parties. If awarding the credit would result in an unfair outcome, the court may deny the request. For example, if the payor spouse is already benefiting from alimony or child support payments, a court could decide that additional contributions through Crawford Credits are unnecessary or unfair. Again, the goal is to ensure that neither party is unfairly burdened.
  5. Living Together – Crawford Credits do not apply if the parties are still living together as a married couple, even if one spouse is paying more of the property expenses. The credits are meant to address situations where the couple has separated, and one party is solely responsible for the home’s costs. As long as the couple remains together, the assumption is that the expenses are shared.

FAQs About Crawford Credits In Maryland

What Exactly Are Crawford Credits?

Crawford Credits allow a spouse who continues to pay for jointly owned property, such as the mortgage or property taxes, to seek contributions from the other spouse after separation. These credits ensure that one spouse doesn’t bear the full financial burden when both parties are responsible for the property.

When Can I Claim Crawford Credits?

You can claim Crawford Credits if you are the spouse paying for the property’s expenses after separation, but there are exceptions. If the payments are coming from marital funds or if the other spouse was ousted from the home, you may not be entitled to credits. It’s best to consult with an attorney to understand your specific situation.

What Happens If My Spouse Was Forced Out Of The Home?

If your spouse was ousted or excluded from the home, the court may not require them to contribute to property expenses. However, each case is unique, and the court will consider all factors before deciding whether Crawford Credits apply.

Can Crawford Credits Be Applied If I Use Marital Funds To Pay The Mortgage?

No, if you are using marital funds—such as money from a joint account—to pay the mortgage or other expenses, Crawford Credits generally do not apply. Since both spouses are contributing through marital assets, it wouldn’t be fair to claim credits for these payments.

What If We Agreed On How To Split Expenses During The Separation?

If you and your spouse agreed on how expenses would be handled during the separation, that agreement might prevent one of you from later seeking Crawford Credits. The court will typically honor such agreements unless they are found to be unfair or incomplete.

Can Crawford Credits Affect Alimony Or Child Support Payments?

Courts will consider the total financial situation, including alimony or child support when determining whether Crawford Credits apply. If awarding credits would create an unfair financial burden on one party, the court may deny them. The goal is to ensure that both parties are treated fairly based on their circumstances.

Are Crawford Credits Automatically Granted In Maryland Divorces?

No, Crawford Credits are not automatic. You must request them as part of your divorce proceedings, and the court will review the facts of your case to determine if they apply. There are several exceptions, and it’s important to understand whether your situation qualifies for credits.

Contact Our Montgomery County Divorce Attorney For Exceptional Representation

At Shah & Kishore, we understand that divorce can be complicated, especially when it comes to dividing property and determining financial responsibilities. If you believe Crawford Credits could play a role in your divorce, we are here to help. Our experienced attorneys will work with you to understand your financial situation and ensure that your rights are protected. Contact our Montgomery County divorce attorney at Shah & Kishore by calling (301) 315-0001 to receive your free consultation. We represent clients in Rockville and throughout Montgomery County, Maryland, and are ready to assist you with all aspects of your divorce.

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