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Questions You Want Answered > Property Division in Divorce > What happens to the marital house?

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If the spouses don't agree on what to do with the marital home, in Maryland the court may do one of three things with a jointly owned home.  First, the court may do nothing, considering that each spouse owns half of the home and can ask the court at another time to force a sale of the home and share the proceeds equitably.  Second, in the case of a family with children, the court can order that a parent with custody of the children have the exclusive right to live in the house for a period of up to three years from the date of any divorce, after which time the home is to be sold and the proceeds shared equitably.  Third, in appropriate circumstances and subject to the approval of any lienholder, the court can order that one spouse is the owner of the home and order it transferred.  For what might happen in a particular case, consult a family law attorney.

Last updated on August 25, 2018 by Karen Robbins, Attorney at Law