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Can the Maryland Court Transfer Property Upon Divorce?
Upon divorce in Maryland, the Court cannot transfer ownership of real or personal property from one spouse to the other. Nor can the Court order the sale of individually owned property. The Court can order the sale of only jointly owned property.
For example, if a car is jointly owned, the Court can order its sale and division of the proceeds. If the car is titled in one spouse's name, the Court cannot order the sale or transfer of the car. However, the Court can award the other spouse a monetary award to adjust the parties' equities in property ownership.
The only exception to the no transfer rule is that, as part of a monetary award, the Court can transfer ownership of an interest in a pension, retirement, profit sharing or deferred compensation plan owned by either party. This is done by entry of a Qualified Domestic Relations Order (QDRO) or similar Order.
Under Maryland law, child support is determined based on the Income Shares Model. Therefore the monthly support amount for the child is proportionally shared between the two parents based on their incomes, past W-2s, and child support worksheets. One parent will then pay the other parent his or her share of child support. Considerations will also be made for existing debt, property settlement, mortgages, other children or any other financial considerations.
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