Understanding Marital Property in Maryland: What You Need to Know During Divorce

When going through a divorce in Maryland, one of the most important—and often misunderstood—aspects of the process is how property is divided.  Maryland follows an "equitable distribution" model for the division of property based on what is equitable not necessarily what is equal. This means the court divides property in a way that they determine is fair.

So, what counts as marital property, and how does the court handle it? 

What Is Marital Property in Maryland?

Under Maryland law, marital property includes almost all property acquired by either spouse during the marriage, regardless of how the property is titled, who purchased it or who is in possession of it. Marital property can include:

• The family home (even if only one spouse's name is on the deed)

• The vacation home

• Automobiles

• Bank accounts and savings

• Retirement accounts and pensions

• Brokerage accounts, stocks, bonds

• Furniture, jewelry, and other tangible property

• Boats

• Businesses started or developed during the marriage

However, not all property is considered marital. The following are generally not marital property:

• Property acquired before the marriage

• Gifts or inheritances given to one spouse alone (as long as they weren't mixed with marital assets)

• Property excluded by a prenuptial or postnuptial agreement

It's important to note that separate property can become marital if it's commingled—for example, combining inherited money into a joint bank account used for household expenses.

How does the Court divide marital property?

Before the court can divide marital property, it must first:

1. Identify all property owned by the parties.

2. Classify each item as marital, non-marital, or part marital/part non-marital.

3. Value the marital property as of the date of the divorce trial.

4. Determine an equitable distribution—which may include awarding one spouse a monetary award to balance the division.

This process requires full financial disclosure from both parties. The court will review:

• The parties Joint Marital and Non-Marital Property Statement 

• Titles, deeds, and account statements

• Appraisals for real estate or valuable items

• Retirement account statements and benefits summaries

• Documentation of debts or liabilities

The judge will then consider several factors—such as the length of the marriage, each spouse's financial situation, contributions to the family, and how/when property was acquired, and the circumstances that led to the dissolution of the marriage—to reach a fair and equitable distribution.

Why Legal Guidance Matters

Identifying and protecting your rights to marital property can significantly impact your financial future. Whether you're the titled owner or not, you may have legal rights to property acquired during the marriage. At Jerry Williams III, LLC, our experienced family law attorneys are here to help you understand your options, prepare strong documentation, and advocate for a fair outcome.

If you're facing divorce or just have questions about your property rights, contact us today to schedule a Strategy Session.