NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
Characterization as marital or non-marital property disregards title, except real property held as tenants by the entirety, which is deemed marital. The court may order the sale of jointly titled real or personal property, and division of the proceeds but the court cannot transfer title ownership of property, except for pension, retirement, profit sharing or deferred compensation.
Yes. A Maryland court may transfer ownership of an interest in a jointly owned house that was used as the principal residence of the parties from one party to the other, subject to the terms of any lien, or authorize one party to purchase the residence from the other on court-ordered terms. In addition, a Maryland court may order transfer of a vehicle, that was acquired during the marriage, is owned by one of the parties, and was used primarily for family purposes, as well as other family use personal property from one or both spouses to one spouse, subject to the consent of any lien holders.
A spouse with at least 50% custody of a minor child of the parties can be awarded use and possession of a family home, car, furnishings, and home appliances. In making an award, the court considers the best interests of the child, the interests of each party in continued use of the property as a dwelling place or to provide income, and the hardship, if any, on the party whose interest would be infringed.
