There are only nine states in the nation govern property issues in divorce under community property laws. Maryland is not one of them. In this state (as the majority of others) property division is determined by equitable distribution guidelines, meaning the court decides how to fairly divide all assets in divorce although division is not always 50/50. Complications often arise regarding what is (or isn’t) marital property.
Many couples commingle nonmarital and marital funds during marriage, and use such funds to make payments on jointly owned property, such as a mortgage on the marital home. When the separate property of one spouse is commingled with marital property, that separate property could become subject to division as marital property. It’s crucial to seek clarification regarding such laws if you’re concerned about a particular issue.
Some people really run into trouble when a spouse wastes assets or tries to hide them leading up to or during divorce proceedings. Hiding assets is actually illegal, but may require extensive investigation to prove. In either circumstance, enlisting the aid of an experienced family law attorney may be your best bet to rectify such situations.
Complex property issues often evoke highly charged emotions that cause tempers to flare and things to quickly get out of hand if you don’t have a skilled negotiator by your side. If your goal is to protect your rights and assets and move toward a successful, happy future, you can do so by aligning yourself with an experienced family law attorney. Margaret H. Oliver, LLC knows the ins and outs of property division laws in Maryland and is fully prepared to help you navigate any contentious situation that arises during divorce proceedings.