Property Division Law FAQS

In Maryland, marital property division is done so “equitably.” This means both parties may not get a 50/50 split of property bought or acquired during the marriage. Courts determine the distribution based on any number of factors, such as financial needs and length of the marriage. Both debts and assets are distributed fairly in a divorce.

Normally, separate property (such as property owned before the marriage or an inheritance) is not divided between parties. However, if those assets become commingled, such as an inheritance being put in a shared bank account, it could be split between the spouses.

 

• Once the divorce is final, can creditors place liens or judgments against real estate owned jointly by the divorced couple due to the debts of one of the former spouses?