Maryland Divorce Start Your Divorce Find Professionals Maryland Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Maryland Products Divorce by County
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.
Alimony is awarded on a case-by-case basis in Maryland. The court decides the amount and duration of spousal support, based on what it considers a fair and equitable award for both parties.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
© 1996 - 2021 Divorce Source, Inc. All Rights Reserved.