Who Gets the Family Home in a Divorce in Maryland?

The question “Who gets the family home in a divorce in Maryland?” does not have a straightforward answer, especially if both spouses are listed on the property title. Rather, determining ownership of the marital home can lead to significant conflict during a divorce, as real estate is a major financial asset and often holds deep emotional value for those involved. If you are navigating a divorce and need more information about how assets, including the family home, will be divided, please contact Rice Law today.

How To Divide Property in Maryland?

Maryland operates under an “equitable distribution” framework for dividing property during a divorce. This means that instead of dividing property equally, it is divided based on each spouse’s financial needs and circumstances. 

However, what constitutes “fair” can be subjective and influenced by various factors. In Maryland, several factors come into play during these proceedings, including, but not limited to, the following:

• The duration of the marriage
• The physical and mental health of each spouse 
• The economic circumstances of both parties, including income, debts, job stability, and future earning potential. 
• The ages of the spouses 

It is also important to understand that equitable distribution does not always mean assets will be divided equally. Depending on the circumstances, a court may determine that one spouse requires a greater share of the marital property. 

What Is Marital Property?

Only “marital property” is eligible for division in Maryland during a divorce. Marital property includes all assets acquired by either spouse during the marriage, regardless of whose name is on the title. This encompasses income, real estate, and joint bank accounts. On the other hand, certain assets are classified as “separate property.” This category includes gifts, inheritances, and property acquired prior to the marriage. 

However, one notable aspect of Maryland’s divorce law is its treatment of real estate owned before marriage. If one spouse owned a house before the marriage and then later added the other spouse’s name to the title, the property is automatically classified as a marital asset under Maryland law.

Who Can Live in the Home During the Divorce?

In divorce situations involving children, it is not uncommon for the primary caregiver—the parent who takes on most of the day-to-day responsibilities for the children—to remain in the marital home. This arrangement allows the children to maintain a sense of stability during a tumultuous time. 

However, in cases where there are no children and both parties jointly own the home, the dynamics can become significantly more complicated. In such scenarios, neither spouse can force the other to leave the property. This means that actions such as changing the locks or preventing the other party from accessing the home are not only inappropriate but may also lead to legal repercussions. Consequently, both parties need to engage in discussions to reach a mutual agreement about living arrangements during the divorce process. If direct communication is difficult or unproductive, it may be necessary for each party to enlist the help of their attorneys to facilitate negotiations and find a workable solution. 

Domestic Violence Exception

There is an exception to the general rules in instances of domestic violence where a party seeks a protective order. For instance, if one spouse has been a victim of domestic abuse, they may have the right to seek immediate protection through a protective order, which may afford him or her temporary legal remedies that allow them to remain in the home or require the other party to leave. In such cases, the legal system provides additional support to ensure the safety and well-being of those affected.

Contact Rice Law Today To Learn More

For additional information about divorce proceedings in Maryland and what this legal process can mean for you and your family, contact Rice Law today.