Divorce 5: How the Courts Divide Jointly-Owned Property
10/2023
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On October 1, 2023, Maryland law on divorce changed. This tip sheet discusses how you and your
spouse, or the court, will split up your property in a divorce. The law on division of property in a divorce did
not change October 1, 2023. This tip sheet is up to date with the law.
Even if you and your spouse go to mediation or work out an agreement, you should know how the court will
deal with your property in a divorce. That way, you are knowledgeable when you sit down to work out an
agreement.
What is Marital Property?
Marital property is property acquired during your marriage, regardless of how it is titled or who paid
for it. It may include houses, cars, furniture, appliances, stocks, bonds, jewelry, bank accounts, and
retirement plans.
Marital property includes property acquired from the date of your marriage until the date your divorce
is final. If you or your spouse acquired property during your separation, it is still considered marital
property.
What is Considered Non-Marital Property?
Property you or your spouse acquired before your marriage is non-marital, or separate, property.
Non-marital property includes gifts or inheritances made to only you or your spouse.
Property directly traceable to non-marital property, such as items purchased with money from an
inheritance, is also non-marital property.
Other Types of Property
Some property may be both marital and non-marital. For instance, if you or your spouse bought a
house before marriage, it is non-marital property. But, when marital funds are used to pay the
mortgage, your home becomes part marital and part non-marital property.
Commingled marital property is when non-marital property is mixed with marital property. The court
may determine that the property is now marital.
Joint Statement of Parties Concerning Marital and Non-Marital Property
If you and your spouse agree on property distribution, you may submit your agreement to the court. If
you do not agree, you must complete a Joint Statement of Parties Concerning Marital and Non-Marital
Property.
The Joint Statement, or form CC-DR-033, must list all property owned by you, your spouse, and both of
you. On the form, you each indicate whether you agree or disagree on what is marital and non-marital
property. Submit this form if you and your spouse want to ask the court to determine how your
property will be divided.
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What the Court Can and Cannot Do with Your Property
The court can order the sale of joint property such as houses or cars with an equal division of the
proceeds of the sale.
The court cannot transfer a title from one spouse to the other if the property is owned individually, but
it can order one spouse to transfer ownership of your jointly-owned home to the other spouse. Even
though the court cannot transfer title, the court can require one party to compensate the other for the
value of that item if it is considered marital property.
The court cannot transfer debt from one person to another. For example, if you took out a car loan in
your name only, the court cannot make the other person make those car payments.
The court also may transfer interest in a pension or ownership of personal property from one spouse
to the other.
A Word about Pensions
Pension or retirement benefits earned during your marriage are marital property. If a portion of the
benefit was earned prior to your marriage, it may be considered part marital and part non-marital.
One spouse may be eligible for a share of the other’s pension or retirement benefit. This is one area of
divorce in which you should consult a lawyer. You will need a lawyer’s help to evaluate your rights to
any retirement benefits and, if eligible, to draft a special court order that will be used to distribute
those benefits.
Where to Get Help
If you and your spouse own significant property, have retirement assets, or own a business, you should
consult with a lawyer.
Speak with a lawyer free of charge at the Maryland Court Help Center. Help Center lawyers cannot
represent you in court, but they can provide brief advice and help with court forms. Call 410-260-1392.
The call center is open Monday through Friday from 8:30 a.m. to 8 p.m.
You may also consider finding a lawyer to help with one portion of your divorce case. This is called
limited-scope representation.
