How is property divided by the court in a divorce when the parties cannot agree on the division themselves?
Maryland is an equitable division state (not a community property state), which means that the court will consider all the facts and circumstances of the marriage in dividing property. However, there are limits on the court: The court cannot generally transfer title in property (real or personal), except it may transfer part of a retirement account, pension, or the like from one spouse to another and it may transfer title in personal property, subject to approval of any lien holders, if that property is necessary for the children (family use personal property). So, the court will generally order that all property in one person’s name remains that person’s property. Because the court cannot transfer title in jointly owned property (real or personal), with the exception of retirement accounts and the like and family use personal property (as described in the paragraph above), any jointly owned property must be sold and the proceeds divided between the parties. The court will divide these
