Questions You Want Answered > Property Division in Divorce > How is marital property divided?
In Maryland, marital property is divided equitably. That's the easy answer. The harder answer is how the court does that. Property that is marital and which is titled in both spouses' names generally merits little attention from the courts, as each spouse is presumed to own half of it. Otherwise, the court identifies and assigns a value to all marital property, no matter how titled, and divides the value equitably. The courts determines what is equitable by applying the facts of the case to 12 different statutory factors. With few exceptions, the Maryland courts have no power to transfer the property itself between spouses; the exceptions are the family home, family use personal property and retirement assets in appropriate cases.
There are many nuances and exceptions to the above discussion, and for advice about specific property, contact a family law attorney.
Last updated on July 21, 2010 by Karen Robbins, Attorney at Law