Who Gets to Keep the House After a Maryland Divorce?

At Jimeno & Gray, P.A., we often hear the concern: Who gets to keep the house after the divorce? The home often represents more than just a physical structure; it’s a repository of shared memories and a significant financial asset. Therefore, the question of its ownership post-divorce can be emotionally charged and complex. This blog post delves into the intricate factors that influence the decision, providing clarity for those grappling with this challenging issue.

Concept of Marital Property in Maryland

Before we can explore who gets the house in a divorce, it’s crucial to comprehend the notion of marital property as per Maryland law. Essentially, this term refers to assets that either spouse acquired during the marriage. It generally does not include properties owned before the marriage, individual gifts, or inheritances.

Maryland follows the principle of equitable distribution. This means the court aims to distribute marital property between the spouses in a way that is fair, though not necessarily equal.

Key Factors Influencing the Division of the House

Several elements can affect the determination of who gets to retain the house in a divorce:

Marital Settlement Agreement: If both spouses can agree on who should retain the house without the need for court involvement, this consensus is documented in a Marital Settlement Agreement. This allows for a solution that reflects your unique situation.

Financial Capabilities: The court considers each party’s financial capacity. The spouse who has a higher income or is better equipped to maintain the house usually has an advantage in the division.

Child Custody: If children are part of the equation, their wellbeing is of paramount concern. Typically, the court leans towards letting the custodial parent keep the house to ensure minimal disruption to the children’s lives.

The House as a Marital Asset in Maryland

In Maryland, if a house was purchased during the marriage, it is viewed as marital property. Thus, its value is subject to division during a divorce. Conversely, if the house was acquired before the marriage or as an inheritance or gift, it is usually considered non-marital property and is not divided.

Nonetheless, if the value of non-marital property (such as a house) appreciates during the marriage due to the efforts of the other spouse, that appreciation could be considered marital property and subject to division in the divorce.

Professional Legal Guidance in Glen Burnie, Maryland

The question of who gets to keep the house in a Maryland divorce requires a comprehensive evaluation of various factors. At Jimeno & Gray, P.A., we’re ready to provide guidance through this intricate process. Contact us today at 410-590-9401 to schedule a consultation. We’re committed to securing the best possible outcome for you and your family.