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Property Division FAQs

What if one spouse doesn’t believe the property division is fair?

When parties are not able to agree on the division of property a settlement on the property cannot be reached and therefore the property division …

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How can someone be sure to get a fair share of their spouse business?

Many factors determine whether a client will get a share of their spouses business and in what form they might receive it. Among the factors …

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If someone hires you as their lawyer for their divorce, will they end up going to court?

Eventually a client will end up going to court in most instances, even if just for the actual final divorce hearing. As your attorney I …

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How is marital debt typically divided on divorce in Maryland?

The court will consider the marital debt when dividing the property. Marital debt generally is debt undertaken to purchase a marital asset. For example, if …

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What if there is a prenuptial agreement?

A prenuptial agreement, sometimes referred to as a premarital agreement is a contract entered into between two people prior to their marriage. It can include …

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What happens if both spouses want to keep the same marital property?

The first issue regarding the family home is often a determination of who will retain exclusive use and possession of the family home in order …

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What does “community property” mean?

Yeah, Maryland is not a community property states having community property laws. Each spouse holds a one half interest in most property acquired during the …

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Is money from an inheritance considered marital or separate property?

When dividing the marital estate, the court may consider the fact that one spouse is allowed to keep substantial non marital assets such as an …

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How are the values of property determined?

The value of some assets, like bank accounts are usually not disputed. The value of other assets such as homes or personal property and pensions …

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Is appreciation on a separate mutual account deemed marital property?

It depends. In many cases, the court will allow a party to retain an asset brought into the marriage but the following are questions the …

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What does "community property" mean?

Yeah, Maryland is not a community property states having community property laws. Each spouse holds a one half interest in most property acquired during the marriage. The court can then use its discretion.

How are the values of property determined?

How are the values of property determined?

The value of some assets, like bank accounts are usually not disputed. The value of other assets such as homes or personal property and pensions are more likely to be disputed. If your case proceeds to trial, you may give your opinion of the value of property you own…

What happens if both spouses want to keep the same marital property?

What happens if both spouses want to keep the same marital property?

The first issue regarding the family home is often a determination of who will retain exclusive use and possession of the family home in order to keep the children in a stable environment. A court may award temporary use and possession of the family home during litigation, and then use and possession for up to three years following the entry of an absolute or a limited divorce

Is money from an inheritance considered marital or separate property?

Is money from an inheritance considered marital or separate property?

When dividing the marital estate, the court may consider the fact that one spouse is allowed to keep substantial non marital assets such as an inheritance. The following factors increase the probability that you will be able to be entitled to keep your inheritance. It has been kept separate from the marital assets such as in a separate account…

Is appreciation on a separate mutual account deemed marital property?

Is appreciation on a separate mutual account deemed marital property?

It depends. In many cases, the court will allow a party to retain an asset brought into the marriage but the following are questions the court will consider in making its determination. Can the premarital asset be clearly traced? Did you keep the property separate and titled in your name? …

what if there is a prenuptial agreement img

What if there is a prenuptial agreement?

A prenuptial agreement, sometimes referred to as a premarital agreement is a contract entered into between two people prior to their marriage. It can include provisions for how assets and debts will be divided in the event the marriage term is terminated or one spouse dies as well as terms concerning child support or alimony…

How is marital debt typically divided on divorce in Maryland?

How is marital debt typically divided on divorce in Maryland?

The court will consider the marital debt when dividing the property. Marital debt generally is debt undertaken to purchase a marital asset. For example, if you are awarded a car valued at $12,000, but you owe $10,000 debt on the same vehicle, the court will take that debt into consideration in the overall valuation of the assets…
Is appreciation on a separate mutual account deemed marital property?

What if one spouse doesn’t believe the property division is fair?

When parties are not able to agree on the division of property a settlement on the property cannot be reached and therefore the property division is left to the discretion of the court. The courts division of property is equitable in the eyes of the court and once a final order is entered a party has limited options for changing the ruling of the court…

How is marital debt typically divided on divorce in Maryland?

How can someone be sure to get a fair share of their spouse business?

Many factors determine whether a client will get a share of their spouses business and in what form they might receive it. Among the factors the court will look at are whether your spouse owned the business prior to your marriage. Whether you have a stock ownership in the business, your role, if any, and operating the business are increasing its value, …

If someone hires you as their lawyer for their divorce, will they end up going to court?

If someone hires you as their lawyer for their divorce, will they end up going to court?

Eventually a client will end up going to court in most instances, even if just for the actual final divorce hearing. As your attorney I will work with you to address the individual needs of your case. We always make every effort to negotiate a settlement…