How is Property Divided in Maryland Divorce Cases?
To finalize a divorce, the separating couple must decide how to divide their property. The way that property is divided varies between states and on a case by case basis. A couple may need to follow the laws of their state, but the way that their property is divided could depend on the unique circumstances of their case.
Marital Property and Separate Property
In divorce cases, property is generally considered as “marital property” or “separate property.” Marital property is any property that was acquired by the couple while they were married. The property that is considered as marital property will be divided between the spouses upon divorce. Separate property includes anything that either spouse owned before they were married, as well as inheritances and some gifts. Spouses can usually keep their separate property items in a divorce.
Equitable Distribution vs. Community Property
Marital property is either divided through “equitable distribution” or as “community property,” depending on the laws of the state.
Equitable distribution essentially means dividing property fairly, in whatever way that seems fit for the case. Property may be divided 50/50, or distributed based on each spouse’s income, debt, assets, and other elements. An even division could be considered unfair in some cases, in which these other factors are looked to decide on a fair way to divide property.
In community property states, each spouse keeps their separate property and any marital property is divided evenly between the spouses. In theory, each spouse who gets divorced in a community property state should receive 50% of the property that was acquired during the marriage. Only Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states. All other states use an equitable distribution model.
Divorce Property Division in Maryland
Maryland is an equitable distribution state. Therefore, couples who get divorced in the state of Maryland will have their property divided evenly between the two parties unless a different type of split is considered more appropriate. The way that property is divided in your divorce case will depend entirely on the details of your situation.
Contact the Law Office of Robert Castro, P.A. to discuss your divorce case. We can advise you and provide guidance throughout the progression of your divorce. We are here to support you through this time.
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