Is Maryland a community property state?

No. Maryland is an equitable distribution state, meaning marital property is divided fairly—but not necessarily equally—based on several legal factors.

What qualifies as marital property in Maryland?

Marital property includes assets acquired by either spouse during the marriage, such as homes, vehicles, retirement accounts, and debts—even if titled in one name.

How is marital debt divided during a divorce?

Marital debt is divided fairly based on the court's judgment of what is equitable. This includes credit cards, loans, and other liabilities incurred during the marriage.

Can I keep property I owned before the marriage?

Yes. Property owned before marriage is typically considered non-marital—unless it was co-mingled or jointly titled during the marriage.

What happens to the house in a divorce?

If the house was purchased during the marriage, it's considered marital property. The court may order a buyout, sale, or transfer depending on what's fair.

Can retirement accounts be divided in Maryland divorce?

Yes. Pensions, 401(k)s, and other retirement plans earned during the marriage are subject to equitable distribution. A QDRO may be required to divide them.

How does the court determine what’s fair in property division?

The court considers factors like each spouse’s income, contributions to the marriage, duration of the marriage, and future financial needs.

What if my spouse is hiding assets?

If you suspect hidden assets, your attorney can request discovery, subpoenas, or forensic accounting to uncover the full financial picture.

Are business assets divided in divorce?

Yes, if the business was started or grew during the marriage, its value may be subject to division or buyout under Maryland law.

What if we agree on property division?

If you and your spouse agree, your attorneys can draft a Property Settlement Agreement to legally document the terms and submit it to the court.

Can I be forced to sell my home in a divorce?

Yes, the court may order the sale of a marital home if a buyout or refinance isn’t possible, especially if it’s the fairest option for both parties.

What if only one spouse’s name is on the deed or title?

Title ownership doesn’t always matter. If the property was acquired during the marriage, it is likely considered marital property.

How is personal property like furniture or jewelry divided?

Personal property acquired during the marriage is divided based on fairness. Sentimental value, use, and ownership history may be considered.

What if I co-signed a loan for my spouse?

If you co-signed a loan during the marriage, you may still be liable—even after divorce. It's crucial to negotiate how debts will be handled.

Do I need a lawyer to divide property and debt?

Yes. A family law attorney ensures assets and debts are accurately valued, fairly divided, and legally protected in your final divorce order.

Divide Marital Property & Debt in Upper Marlboro

Divide Marital Property & Debt in Upper Marlboro | Haskell & Dyer

When a marriage ends, emotions run high—but what happens to everything you’ve built together?

From family home to credit card debt, dividing property and liabilities during divorce is one of the most contentious and complex aspects of the process.

If you’re going through a divorce in Upper Marlboro or Prince George’s County, understanding your legal rights can protect your future.

At Haskell & Dyer, we don’t let our clients walk away with less than they deserve.

We ensure your property is accounted for, your debts are reasonably assigned, and no detail is left unchallenged.

Maryland Is an “Equitable Distribution” State—But That Doesn’t Mean 50/50

Many people assume everything gets split down the middle.

However, Maryland follows an equitable distribution approach, which means the court divides property fairly, not necessarily equally.

This gives judges broad discretion. Without a skilled family law attorney on your side, “fair” could feel anything but.

What Counts as Marital Property?

Marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the account or title.

This may include:

The family home—even if only one spouse’s name is on the deed
Retirement accounts, pensions, and 401(k)s
Vehicles, boats, and recreational equipment
Business interests or professional practices
Credit card balances and personal loans
Joint savings, checking, and investment accounts
Furniture, jewelry, art, and household items

Even if something was purchased with only one person’s income, it’s still likely considered marital if acquired after the wedding.

What’s Not Marital Property?

Not everything gets divided. Non-marital (separate) property may include:

Property acquired before the marriage
Inheritances and gifts given solely to one spouse
Compensation from a personal injury lawsuit
Property excluded by a valid prenuptial or postnuptial agreement

However, if separate property is co-mingled, such as adding your spouse to the title of your inherited home, it may become marital in the eyes of the court.

Dividing Debts Is Just as Important

Debt is often overlooked in divorce—but it can become a long-term burden if not adequately addressed.

Courts in Prince George’s County consider both assets and liabilities when dividing the marital estate.

You could be held responsible for:

Credit card debt
Auto loans
Joint tax liabilities
Home equity lines of credit
Business loans
Medical bills

At Haskell & Dyer, we investigate the origin of the debt and determine whether it truly benefited the marriage or if one spouse incurred it irresponsibly.

How the Court Decides Who Gets What

Maryland judges consider several factors when dividing property and debt, including:

Length of the marriage
Each spouse’s contributions (financial and non-financial)
Age, health, and earning capacity
How and when each asset was acquired
Whether either spouse intentionally wasted marital assets
The terms of any separation or prenuptial agreement

We use these criteria to build a compelling case that supports your financial future.

Quote from Jonathan L. Haskell, Esq.

“Dividing property is about more than numbers—it’s about dignity, stability, and starting fresh. We make sure every asset and every liability is treated with precision.”

How We Fight for You in Upper Marlboro

We take a thorough, aggressive approach to marital property division. Our team:

Identifies and categorizes all marital and non-marital assets
Uncovers hidden bank accounts, business income, or underreported assets
Analyzes real estate, retirement accounts, and complex financial holdings
Prepares you for mediation or court hearings with full transparency
Fights to protect your rights to your fair share—no matter how complex the estate

We also negotiate to ensure that emotionally essential items, such as heirlooms, pets, or your child’s college fund, are in the right hands.