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Property division laws differ significantly among states during a divorce. This information seeks to offer a fundamental understanding of the process of property division in a Maryland divorce case.
Maryland is an equitable distribution state, which implies a fair distribution of assets, not necessarily a 50/50 split.
In Maryland, marital property includes all property and income acquired by either spouse during the marriage, regardless of whose name is on the title.
Non-marital property, also known as separate property, in Maryland refers to assets that are not part of the marital estate and hence, not subject to division by the court during a divorce. The spouse who owns the non-marital property will keep that property after the divorce.
The court divides "marital" property in a Maryland divorce, ensuring both spouses receive a fair share, although not necessarily equal. The non-marital property stays with the spouse who owns it.
The general rule in Maryland is that the court considers all property and income acquired during the marriage to be marital property, regardless of whose name is on the title. The court follows principles of equity, ensuring that the division is fair, but not necessarily equal.
Maryland's Family Law Article Section 8-203 provides a detailed definition of marital property, which includes:
Property, assets, or income obtained during the marriage, irrespective of who acquired them.
Inter-spousal gifts during the marriage are considered marital property, regardless of where the funding originated and whose name is on the title.
Separate property in Maryland is anything owned prior to the marriage, gifts or inheritances received by one spouse alone during the marriage, or any property agreed to be separate property by the spouses.
Liabilities
In Maryland, debts and liabilities are also divided during a divorce, classified as either marital or non-marital, depending on who incurred the debt and when. If a debt is considered non-marital, the spouse who incurred the debt will be singularly responsible for it after the divorce. If the liability is marital, the court may decide that both parties should continue to pay the debt jointly, or that some marital assets be sold to settle the debt.
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