Who Gets The House In A Divorce In Maryland?
Learn about the laws governing marital property in Maryland. – In a Maryland divorce, judges don’t always divide marital property right down the middle using a 50/50 split. Because Maryland is an equitable distribution state, the divorce court will divide property fairly between the spouses, but not always equally.
- 1 How is property split in a divorce in Maryland?
- 2 Can a husband kick a wife out of the house Maryland?
- 3 Can the court make me sell my house in a divorce?
- 4 How long does a divorce take in MD?
- 5 Does Maryland have alimony laws?
- 6 What qualifies for alimony in Maryland?
- 7 Can I keep the house in a divorce children?
- 8 How does marital property work in Maryland?
How is property split in a divorce in Maryland?
Property and Debt Division in a Maryland Divorce Property and Debt Division in a Maryland Divorce How property and debts are divided when you get divorced. Maryland is a “equitable property” state. This means that all marital property acquired during the marriage should be divided equally.
The “marital” property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. Any property possessed by either spouse during the marriage is presumed to be marital property unless it can be shown that the property is actually separate property.
A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy.
Can a husband kick a wife out of the house Maryland?
Can I force my spouse to move out of the marital home? – Post-separation living arrangements are a major concern for most divorcing couples, and many spouses want to know whether they can force the other spouse to leave the marital home. Generally, the court is not inclined to bar one spouse from the marital home.
In most instances, the courts will order the parties to “tough it out” and continue to live with each other until their case is fully litigated or resolved by agreement. If the home is jointly titled or leased, you cannot force your spouse to leave the home. Each spouse has an equal right to stay and live in a jointly owned or leased home.
However, violence occurring in the home could change this equation. A spouse may be removed from the marital home for a period of time if there is a history of domestic violence in order to protect the safety of the other spouse or child of the parties.
For this to occur, the abused spouse must seek and obtain a protective order which prohibits the abuser from any further contact. If granted, the abusive spouse may be banned from the marital home. Whenever a court decides issues related to the custody of a minor child, the Court may also award use and possession of the family home to the custodial parent until the final divorce hearing.
The other spouse is then required to vacate the home during the use and possession period. Beyond the use and possession period, and at the time of divorce, the Court can either order the sale of the home, transfer the home to one spouse, or award the custodial parent use and possession of the home for up to three years from the time of the divorce.
What is the wife entitled to in a divorce in Maryland?
Keeping the Family Home if You Have Children – Courts in Maryland can give one spouse the exclusive right to live in the family home for up to three years after the divorce. Under certain circumstances, the court might also award one side the exclusive use of personal property like household furniture and the family car.
- The home must have been the parties’ main residence while they were married, be owned or leased by one of the parties, and be used by one of the parties and at least one child as a residence after the divorce.
- The parent living in the family home doesn’t need to have custody of all the couple’s children, but he or she must be designated custodial parent of at least one child, not including a stepchild.
The court considers many factors in determining whether to give one parent the right to use the family home, including the best interest of the child, whether the arrangement will create financial hardship for the other spouse, and if either party uses the residence for business purposes.
- Unless the parties agree otherwise, exclusive use and possession orders terminate if the spouse living in the family home gets remarried or when the youngest child living in the house turns eighteen.
- Before you decide to stay in the home, you should make sure you can afford it.
- For most people, a divorce means adjusting to a more conservative standard of living once all the assets are divided and two incomes are suddenly reduced to one.
While it’s normal to feel emotionally attached to the family home and the memories associated with it, it is best to examine your financial reality before the divorce is final and determine if you can truly handle the mortgage and maintenance costs on your own.
Who gets the house in a divorce with children in Maryland?
What Happens to the House in a Maryland Divorce? Deciding what happens to the house in a Maryland divorce is a common dilemma among divorcing couples. Your home can often be the most valuable thing you own. While a marital home can hold significant monetary value, it can hold a significant amount of emotional value as well, making it a difficult topic to discuss.
- Marital property, in Maryland, includes real property (such as a home or land).
- When deciding on what happens to the house in a Maryland divorce, keep in mind the following options: 1.) Selling the Home – you can list the home for sale, pay off the mortgage and any home equity loan(s), and then divide whatever is left as part of the equitable division of marital property.2.) Transferring the Title or Buy-out – you can keep the house and buy-out your spouse, if you agree to refinance the jointly held mortgage to remove the other spouse’s name and pay off the mortgage.
The party receiving the home may also refinance the property at an amount high enough to pay the other spouse their equitable portion of the home. You may also use other assets, such as brokerage accounts or retirement assets, as an off-set for their share of the equity in the home.3.) Use and Possession – If you have minor children living in the marital home, the custodial parent may be granted use and possession of the family home for up to three years after the divorce is final.
- At the end of the use and possession period, the ownership will revert to whoever’s name is on the title or be sold.
- You and your spouse can decide in mediation or through a collaborative divorce, that one party may have use and possession for a shorter or longer time period than three years.
- Many families choose this option in order to allow their children to remain in their current school districts.
When dividing assets, such as your Marital Home in Maryland, your focus should be on what makes the most financial sense for the situation you are in. Looking through the scope with an emotional mindset can cause issues down the road and get in the way of protecting your interests.
Can the court make me sell my house in a divorce?
Can a court force the sale of a house in a divorce? – Yes. The court can make an order for the matrimonial home to be put on the market as part of the divorce settlement. These types of court orders are known as Property Adjustment Orders, They can require the immediate sale of property – or a deferred sale (eg after any children reach 18).
How many years do you have to be married to get alimony in Maryland?
Alimony in Maryland Explained: The Criteria Considered in the Decision Alimony or spousal support is financial compensation that is granted to one person by their former spouse after a divorce. A judge will usually declare that a certain amount be paid to that party for a specified time period, although spousal support can be indefinite in some cases.
Marriage length. A judge will look at how long the couple has been married. Alimony awards differ greatly for a person who was married for three months than for someone who was married for thirty years. Each person’s age. Age is another important factor. It can determine how many more years both people can reasonably be expected to continue working, or how close they are to retirement. Age can also decide how many years a particular spouse will receive alimony payments. The standard of living that was established during the union. Living standards can vary from one couple and one divorce case to the next. The court will examine all current income, expenses and luxuries. A judge will want to know how the couple’s money was spent, and whether the standard of living that was created is realistic given their individual situations and financial statuses. Monetary and non-monetary contributions made by each party. All contributions that were made by the spouses will also be taken into consideration. The judge will want to know if both people worked or if one person stayed home and took care of the children, or if a spouse was disabled and unable to work. Mental and physical health. The partners’ physical and mental well-being are essential elements. The court will want to know if there are any conditions that could prevent one or both people from working now or in the future. A spouse may currently be receiving government assistance or could face that possibility later on, which can impact their earning potential. It can also play a major role in deciding alimony. Any active agreements between the spouses. It’s not uncommon nowadays for couples to have alimony language included in their pre- or post-marital agreements. These contracts can stipulate who will receive alimony when, and the duration of those payments. The court may ask for a written copy of this documentation. Reasons why the couple became estranged. Abuse, desertion, cruelty, separation and other issues that may have caused one or both people to request the divorce will be examined carefully. One party could have been treated unfairly by the other. Both spouses could have also decided to mutually separate and ask for a divorce. The financial stability of the person who is asking for alimony. The judge will want to know if the partner who may receive alimony can support themself at the present time. They can ask for employment and income information to see if they can afford the necessities for themself and any minor children who are currently living in the marital home. How long it will take for the person making the alimony request to become financially self-sufficient. If the particular spouse who could be eligible for alimony can’t support themself financially, the judge will want to know how much time it will take for the situation to change. They may allow alimony payments for a certain number of months or years until that person finds stable employment or finishes schooling for a graduate or undergraduate degree that can help them land a long-term career. Whether or not the person being asked to pay alimony can afford to do so. A judge will also evaluate the finances of the spouse who may be required to pay alimony. Their current income and expenses will be reviewed to find out if making alimony payments could create a possible financial burden. Judges will not grant alimony if the payor cannot afford to do so. If the mandated alimony would result in a spouse who lives in a resident care complex or a paying partner qualifying for medical assistance benefits earlier than expected. Alimony may impact a person’s existing or future assistance. Receiving or paying alimony could result in medical assistance eligibility that’s earlier than expected. Each person’s financial resources and requirements. Retirement benefits, financial liabilities and assets and personal property will be examined. One spouse may currently have possession of the marital home. They could also have the family car or truck along with other vehicles or property.
Mortgage loans, school loans, car payments, utility bills and income from jobs and other tasks will be reviewed by the judge. This data can help them decide if a person should receive alimony. It can also confirm whether or not one spouse can pay alimony to their former partner.
Retirement benefits are generally viewed as marital property. Of course, that can depend on if the benefits started before the marriage. A judge will review current and future benefits in making their alimony decision. Alimony payments may be made on a weekly, monthly, quarterly or other type of recurring basis.
Maryland family court judges typically determine that one year of alimony is paid for every three years of marriage on average. However, this can vary from one judge and one court to the next. Payments are only made after a divorce has been granted. Spousal support or alimony is not the same as child support.
How long does a divorce take in MD?
People may think of divorce as a prolonged process, but it does not need to be that way. If moving things along quickly is a priority for you, you can raise that issue with your lawyers as there are steps that can be taken to hasten the process. In most cases, if you reside in Maryland, laws will govern the steps necessary to obtain a divorce, even if you were married in another state.
Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges. At Huesman, Jones & Miles, LLC, we find that our clients feel more comfortable when they thoroughly understand the legal process.
When a lawyer fails to keep an open, active line of communication with their client, this can result in frustration and disappointment when there are unanticipated delays. Although every divorce is different, most progress along the following timeline.
Does Maryland have alimony laws?
Alimony in Maryland is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Maryland is either ‘rehabilitative’ or ‘indefinite’. Rehabilitative alimony is intended to be a short-term measure which enables a spouse to get back on his or her feet.
What qualifies for alimony in Maryland?
Types of alimony – Alimony pendente lite – A court can award this type of alimony between the time you file for divorce (and make a request for alimony) and the time the divorce is final. The purpose of this type of alimony is to maintain the status quo during the divorce.
It does not necessarily mean that you will be awarded alimony after the divorce if there is a finding of need. Read the law: Md. Code, Family Law, § 11-102 Rehabilitative alimony – This is the type of alimony most likely to be awarded. Usually it is associated with a time-limited goal such as going back to school.
For example, a court may award you rehabilitative alimony for the two years that it takes you to go back to school and finish a degree program that will enable you to better support yourself. While results will vary based on your individual circumstances, a good range for you to use in this estimate is an average of 3-10 years of rehabilitative alimony (if your situation matches the criteria).
- Indefinite alimony – This is a relatively rare type of alimony awarded with no specific end point.
- You may receive indefinite alimony if (because of your age, an illness, or a disability) you cannot (1) make reasonable progress toward supporting yourself or (2) even if you can make reasonable progress; your ex-spouse’s standard of living is “unconscionably disparate” from yours.
“Unconscionably disparate” means that there is a very large and unfair difference between your living standards. Alimony awards may be modified, extended, or changed or ended in the future. This may happen if one of the ex-spouses asks the court to consider the alimony amount in the future and circumstances have changed.
Is my wife entitled to half my house if it’s in my name?
Who is responsible for the mortgage when we are divorcing? – It depends on who is named on the mortgage.
If you are both named on the mortgage
This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesn’t mean you are both liable for half each though – if one person doesn’t pay their share, the other can still be held responsible for the whole mortgage. It doesn’t matter if one or both of you pay the mortgage – just that the payments are made.
If only one of you is named on the mortgage
That person is solely responsible for the mortgage payments. However, if they don’t make the payments (for example, if they move out) then the other spouse/civil partner can pay, if they are a joint legal owner or have home rights. The mortgage lender has to accept these payments as if they’re from the person named on the mortgage.
How does Maryland calculate alimony?
In Maryland, there are no alimony guidelines and there is no set formula used to determine the amount a party may receive.
Is Maryland a mother or father state?
Father’s Rights in Child Custody – In Maryland, unmarried fathers have the same rights as married ones in child custody. Fathers who are married to the mother of their child already have paternity, but all unmarried fathers have to do to be granted paternity is get tested or show his Affidavit of Parentage form. Additional paternal rights in Maryland include:
Legal say in child’s upbringing – Even if the mother is granted sole custody, the father legally has a say in the child’s upbringing, including things like their religion, healthcare, and education. This is especially true if parents have joint legal custody of the child. Former transgressions and criminal convictions don’t necessarily prevent a father from obtaining custody. Except for the most severe or violent crimes, the court can give a formerly incarcerated or convicted father custody, or at least visitation rights, because courts make their decisions based on the child’s best interests.
In summary, parents can rest assured Maryland is not a “mother state.” Custody is granted to one or both parents who have demonstrated their ability to care for and keep their child safe. If you have any questions about the custody process in Maryland, call Coover Law Firm at (410) 553-5042.
Rights of de facto Parents in Maryland Can you claim your children as dependents if you don’t have custody?
Can I keep the house in a divorce children?
There are lots of decisions to make when getting divorced, particularly when it comes to the division of assets. Usually the biggest asset a couple will own is the family home. Deciding which person should get the house can be one of the hardest problems to tackle during a divorce.
There are no set rules to dictate what should happen to the family home. Instead, it can depend on a lot of factors, with the most important being whether you have children. This is because divorce law in England & Wales prioritises the welfare of any children involved above anything else. This means the provision of a secure home for the children comes first, along with minimising disruption to their lives as much as is reasonably possible.
For this reason, the person responsible for the day-to-day care of the children will often be entitled to remain in the family home. So, who gets the house in Divorce is closely linked to child custody, with the Court typically awarding the right to the primary care-giver.
How does marital property work in Maryland?
Marital Property – All property obtained during the course of the marriage is marital property, regardless of who paid for it. The exception to this general rule is property received by one spouse as a gift, inheritance from a third party, or excluded by a valid agreement.
How do couples split the house in a divorce?
Option 1: Sell the house and split the proceeds – The cleanest way to divide the home’s equity is to sell the house, Once the couple retire the mortgage debt, pay taxes and the sale-related expenses, they split the remaining money. By selling the house, the two exes can more easily untangle from each other’s lives, Ballin says.