Divorce can be a stressful and life-altering event for all family members, including children. When a family divides, the legal, financial, and emotional complexities that arise can feel overwhelming.
The Bishop Law Group knows the strain and hardships that family law cases present. We are here to guide you through these troubling times with expertise and compassion.
At The Bishop Law Group, our seasoned Baltimore family law attorneys will listen to your side of the story, answer your questions, and address your concerns.
We know what a difficult time this is for you and your family, and we strive to find the most effective and cost-efficient solution to your problems. Above all, this is your life and your case; we will not make any decisions without your involvement and approval.
If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Understanding Marital and Non-Marital Property in Maryland
In Maryland, property division during divorce is governed by specific rules. The distinction between marital and non-marital property is crucial in determining ownership and ensuring fair distribution.
This guide explains the categories of property, legal processes, and important considerations under Maryland law.
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What Is Marital Property?
Marital property includes assets acquired during the marriage, regardless of which spouse paid for them. Examples of marital property include:
- Real estate (e.g., the family home)
- Bank accounts and investments, such as stocks or bonds
- Retirement assets, including pensions and IRAs
- Cars, furniture, appliances, and jewelry
Exceptions to Marital Property
Certain items are not considered marital property, such as:
- Gifts or inheritances received by one spouse from a third party
- Property excluded through a valid legal agreement, such as a prenuptial agreement
What Is Non-Marital Property?
Non-marital property refers to assets acquired by one spouse before the marriage. It remains the sole property of that individual as long as it is not gifted or retitled to the other spouse.
Examples of Non-Marital Property
- Property owned before the marriage
- Gifts or inheritances received from third parties during the marriage
- Assets acquired while cohabiting before marriage
To claim an asset as non-marital property during divorce, the spouse must provide proof of ownership.
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Property That Is Both Marital and Non-Marital
Certain assets can have both marital and non-marital components. For example:
- Real Estate: A house purchased by one spouse before marriage is non-marital. However, if marital funds are used to pay the mortgage, the home becomes part marital and part non-marital.
- Joint Ownership: Real property titled as “tenants by the entireties” is considered marital property unless a valid agreement states otherwise.
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Division of Property
When divorcing spouses cannot agree on property division, Maryland courts step in to decide. The process includes:
- Determining Marital Property: The court identifies which assets are marital.
- Valuing Marital Property: The court assesses the value of all marital assets and debts.
- Allocating Property: Each spouse’s share is determined using factors outlined in the Maryland Marital Property Act (§8–205).
Factors Considered in Property Division
- Contributions of each spouse to the marriage (monetary and non-monetary)
- The value of property interests for each spouse
- Economic circumstances at the time of division
- The duration of the marriage
- Circumstances leading to the breakdown of the marriage
- The age, health, and condition of each spouse
Court Limitations
Maryland courts cannot transfer property titled to one spouse to the other. Instead, courts may grant a monetary award to adjust the distribution of property equitably.
Special Categories of Property
Family Use Personal Property
Some items, such as the family home or car, fall under “family use personal property.” Maryland courts may grant exclusive use of these items to the parent with custody of minor children for up to three years to provide stability.
Property Acquired During Separation
Assets obtained after separation but before divorce—such as lottery winnings—may still be considered marital property if they were acquired using marital funds.
Property Rights After the Death of a Spouse
Property ownership after the death of a spouse is governed by specific rules:
Without a Will
When a spouse dies intestate (without a will), the surviving spouse’s share depends on the deceased’s surviving relatives:
- Surviving Children Under 18: The spouse receives half the estate after debts and expenses.
- No Children Under 18: The spouse receives $40,000 plus half of the remaining estate.
With a Will
The surviving spouse can either accept the terms of the will or “elect against the will,” receiving one-third of the estate if there are surviving children or half if there are none.
Contact a Baltimore Family Law Attorney Today
If you are trying to divide marital and non-marital property, seeking legal advice is essential. The Bishop Law Group can provide guidance throughout the process. Contact us to schedule a consultation.
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