Marital Property

Maryland is an equitable distribution state when it comes to divorce. Property owned by the married couple will be divided fairly but not necessarily equally in divorce court. Unlike community property states in which property is divided right down the middle, Maryland only seeks to divide property in a way that is fair. Though this is the case, marital property is typically divided in half.

Marital property is property that belongs to both spouses. Instead of property that belongs to one spouse or the other, this property belongs to both. Marital property may include homes or land and property acquired by one or both spouses during the course of the marriage. Property that was brought into the marriage or property that was inherited by or gifted to one spouse is considered separate property.

When dividing marital property, the court will take several factors into account. These factors include the amount that each spouse contributed to the purchase of the property, the economic health of both spouses, how long the marriage was in effect, how the assets were acquired, whether either spouse committed misconduct that led to the divorce and the age and health of each spouse.

If you are considering filing for divorce in Columbia and are concerned about retaining the rights to property acquired during the marriage, reach out to an experienced family law attorney. An attorney can review information specific to the acquirement of that property and advise you of your legal rights to its maintenance.