The purpose of dividing marital property in Maryland is based on fairness. The courts cannot usually change title to property — for instance, the title to a house — but they can order property sold and a monetary award granted to one party if it is fair (or “equitable”) to do so.

Marital property is whatever a couple acquires while they are married except for:

* What each person had before the marriage
* What was given to either person during marriage as a gift or inheritance from a third person; OR
* What two married persons agree is not marital property (such as property excluded by a pre-or post-marital agreement).

If any property that can be directly traced to one of these sources it is not marital property.

In deciding whether or not to give a monetary award, Maryland courts first decide what is and is not marital property. A couple prepares a complicated list, known as a Rule 9-207 statement. Each person must describe their property and make a statement of who owns the property and whether the ownership is marital or not. The court next decides the value of the property, which often requires appraisals. Finally, the court decides whether or not to grant a monetary award. The court makes this decision based on several factors found in the statute. Maryland is not a “community property” state. In community property states, the courts generally divide marital property 50/50. In Maryland, the court may award an amount from 0% to 100% based on its consideration of the facts of your case and how the law applies to those facts.

Dividing marital property in Maryland is a complex process. In order for you to know your rights, and to have the information and advice you need to make a fair settlement, or to prepare your case for trial, it is important to have sound legal advice. I can help you understand the complicated process of propertydivision in Maryland and will do my best to help you reach a property division result that protects your best interests.