Legal Question in Family Law in Maryland

If there are no minor children involved, generally the answer is yes. However, if during the marriage there is a mortgage being paid and those payments are sourced from earned income of either party, the non titled spouse has a claim for a marital interest in the property (not half) as part of any division of assets as part of a divorce. If the parties have minor children together living with them, the non titled spouse could file a court petition for custody and seek exclusive possession of the family home for a period of up to 3 years after a divorce even though title would never change hands.