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4 Kinds of Property Considered During Maryland Divorces

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When spouses decide to end their marriage and pursue divorce, they must go through the process of property division as well. From a general standpoint, property division refers to how the spouses split up anything they acquired during their marriage.

In many cases, the spouses can reach a mutual understanding and split up their property amicably. But that is not always the case. And if the Maryland courts get involved, there is a legal process to ensure a fair and equitable arrangement between the spouses concerning property division.

During the property division process, it is common for spouses to evaluate four kinds of property: Marital property, non-marital property, family use personal property, and the family home.

  1. Marital Property

Maryland Code of Family Law Section 8-201 establishes the definition of marital property. Under this section, the term marital property can refer to:

  • Property — If either or both spouses acquired the property during their marriage; or
  • Interests — If the spouses hold an interest in real property as tenants by the entirety.

Marital property is subject to property division under Maryland family law. During their divorce, spouses must figure out how to split up their marital property.

  1. Non-Marital Property

Section 8-201 also provides the definition of non-marital property. Under this section, the term non-marital property refers to anything:

  • Obtained before the marriage;
  • Received as a gift or inheritance; or
  • Excluded as marital property by valid legal agreement.

Non-marital property is excluded from property division under Maryland family law. During their divorce, each spouse typically keeps their non-marital property.

  1. Family Use Personal Property

Section 8-201 also details the definition of family use personal property. Under this section, the term family use personal property refers to anything:

  • Obtained during the marriage;
  • Owned by either or both spouses; and
  • Employed principally for family benefit.

The term family use personal property includes but is not necessarily limited to:

  • Motor vehicles;
  • Home appliances; and
  • Furniture and furnishings;

The term family use personal property does not include anything:

  • Received as a gift or inheritance; or
  • Excluded as family use personal property by valid legal agreement.

Family use personal property is subject to property division under Maryland family law. During their divorce, spouses must figure out how to split up their family use personal property.

  1. Family Home

Section 8-201 also outlines the definition of the family home. Under this section, the term family home refers to a domicile in Maryland that:

  • Both spouses lived in together and used as their principal residence;
  • Either or both spouses own or lease at the time of filing for divorce; and
  • Either spouse and a child plan to live in and use as their principal residence after the divorce is complete.

The family home is subject to property division under Maryland family law. During their divorce, spouses must figure out who will live in the family home once the process is complete.

Let Us Help You Today

If you have legal questions about property division during a Maryland divorce, it can be decidedly constructive to contact an adept family law attorney. The Bel Air divorce attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in family and criminal law, including prenuptial and postnuptial agreements. If you need legal help, contact us today for an initial consultation.

https://www.stclaw.net/what-happens-to-marital-property-after-a-maryland-divorce/

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