Maryland Marital Property Laws

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.

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.

If one spouse dies without a will (intestate), 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.§3-102).

Note: 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.

Marital Property vs. Separate Property

Marital property is property acquired during the marriage or funds spent on improving the marital home. Marital property can include:

• Real estate
• Bank accounts and investment accounts
• Pension plans and retirement assets
• Family use of personal property, such as furniture
• Increase in value of marital property if the increase is due to work on the part of a spouse

Separate property is property acquired before the marriage. Separate property can become marital property if a spouse uses separate funds to benefit the marriage. If one spouse owns a house before marriage and the couple moves into the house after marriage, it becomes the marital home. In an equitable distribution state like Maryland, spouses can divide the home's value between them.

Other separate property includes:

• Gifts, inheritances, and bequests from third parties to one spouse
• Increase in passive income, such as rents or interest accounts, if the increase is not due to work by the spouse
• Property the spouses agreed to keep separate through a prenuptial agreement or other valid agreement

For information on marital property and prenuptial agreements, visit FindLaw's divorce and property section.

Maryland Marital Property Law

Maryland's Marital Property Act lets judges consider factors besides title and purchase during the division of property. The law does not require an equal split, so judges may consider:

• The health and age of each party
• The economic circumstances of each party, including any alimony or child support awards
• The duration of the marriage
• The non-monetary contributions of each party to the marriage, including homemaking or childcare
• Other factors necessary for the well-being of the family, such as a need to award the family home to the party granted physical custody of any minor children

Marital Debt

Under Maryland law, judges can’t transfer title between parties or reallocate debt to anyone not on the loan contract. In a divorce case, this means debts remain non-marital property and belong to the party who acquired them. In the case of vehicles or real property, the party holding the debt usually keeps the property, even if marital funds purchased the item.

To maintain equity, judges may order other monetary or property awards to offset the value of marital debt or property awarded this way.

Get Legal Advice From a Maryland Divorce Lawyer

Maryland state laws protect your property rights during divorce. Divorcing couples need legal advice to ensure their property division is fair. Contact a Maryland divorce attorney for help with your case.