Maryland Property Disputes Attorneys
Maryland is an equitable distribution state. This means, during a divorce, property division is handled in a way deemed “most fair” to both sides. It does not mean that all property will be split 50/50 between spouses. The court considers factors regarding the marriage and contributions of each party. The courts have considerable latitude in deciding who gets which assets.
To ensure your assets are divided fairly, it is necessary to have a proper valuation. It will also be necessary to determine which assets, if any, were owned by one party prior to the marriage. These are both considerable factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses, retirement accounts and investment accounts.
During the equitable distribution phase of your divorce, the court will also look at:
- The overall length of the couple’s marriage
- The income and property of each spouse
- The non-financial contributions of each spouse
- The age, health & earning capacity of both spouses
- Whether or not spousal support was awarded
- The wishes of both spouses regarding certain assets
- The liquid & non-liquid nature of the property involved
- Any wasteful dissipation of assets prior to divorce
What Am I Entitled to in a Divorce in Maryland?
Under Maryland’s equitable distribution laws, only your “marital property” will be divided during a divorce. This means that you and your spouse will get to keep any separate property that was brought into the marriage.
In the state of Maryland, “separate property” can include any assets that were:
- Acquired by one spouse prior to the marriage
- Received by one spouse as an inheritance or gift
- Acquired as compensation for a personal injury
- Characterized as such in a prenuptial agreement
Marital property includes any assets that were acquired during the marriage—regardless of who holds the title. With few exceptions, this may include both spouses’ income, purchases made with that income, and retirement benefits.
If you or a loved one needs help with property disputes, issues and agreements, contact us immediately for a free case evaluation. The sooner we can get access to your case file, the stronger our chances of getting you a favorable result.