{"id":373865,"date":"2016-03-31T21:35:29","date_gmt":"2016-04-01T02:35:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-marital-property-laws.html"},"modified":"2024-06-18T14:54:38","modified_gmt":"2024-06-18T19:54:38","slug":"maryland-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-marital-property-laws.html","title":{"rendered":"Maryland Marital Property Laws"},"content":{"rendered":"\n
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Maryland Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When a couple marries, their possessions transform. Everything acquired before marriage remains separate property. But anything acquired after marriage becomes marital property. In Maryland, as in most states, all marital property is subject to equitable distribution by the courts during a divorce or legal separation.<\/p>\r\n

Maryland courts presume that all marital property belongs equally to both spouses in equitable distribution. They divide property fairly to both parties, although they may not divide it evenly. A few states are community property states. In states like California and Louisiana, spouses split marital assets 50\/50 during a divorce.<\/p>\r\n

If one spouse dies without a will (intestate<\/b>), the surviving spouse inherits all property titled in both their names. The survivor inherits one-half of the marital property if the couple has minor children but only inherits all property if there are no other heirs (Maryland Code Est. & Tr. Art.\u00a73-102<\/a>).<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decision.<\/i><\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Marital property<\/b> <\/a>is property acquired during the marriage or funds spent on improving the marital home. Marital property can include:<\/p>\r\n