Legal Question in Family Law in Maryland

Re: property divsion in a divorce

Marital property is subject to division upon divorce. Non-marital property is not. Marital property includes many things such as pensions. The way that property is divided is based on various factors established by judicial opinion.

Also to be addressed is marital debt. Child support and custody also applies to your situation.

You should not sign any agreement unless reviewed by an attorney. The agreement will have an effect for years to come and it is important that your rights are protected.

I strongly suggest that you contact an attorney.

Re: property divsion in a divorce

Assets and debts can be divided any way you and your husband want if you can agree. If you can't agree, you will spend a lot more money on the divorce and a judge will make the decisions for you, based on Maryland law, regarding property. You are wise to try to reach an agreement, but it does help to know what the law provides where there is no agreement. Every asset acquired during your marriage by either you or your husband, or both of you together, except gifts or inheritance received from a third party by one of you, is, at the time of the divorce (not the separation), marital property. With no agreement the judge has the job and the discretion to apportion assets in a way he finds to be fair based on a number of considerations including the cause of the failure of the marriage, the earning capacity of each party, comparative contributions (financial and non-financial) to the marriage, and your age and health. Regardless of who earned the money which paid for real estate or personal property, and regardless of whose name is on a title, the judge will look at the total of assets, the value of the assets owned by each party, and if he finds the assets of one to outweigh the assets of the other, he will order the payment of a "monetary award" by the spouse who has more. If you contributed, directly or indirectly, to mortgage payments on the house, you do have a marital property interest in it pretty much equal to your husband's, and you have a reasonable claim for a part of the proceeds of a sale. You should discuss the situation with a lawyer before signing any agreement, and doing so can save you a lot of expense in the long run. You should not sign an agreement that disregards your rights just to avoid a court battle.