Property Division

Divorce Lawyer Assisting People in Divorce Proceedings in Prince George’s County

Most married people expect their marriages to last a lifetime, so they do not hesitate to combine their assets and earnings. In reality, however, many marriages fail. When a married couple has to divide any joint assets or property accrued throughout the duration of the marriage, the process is often contentious and complicated. It is critical, therefore, for anyone faced with the end of a marriage to retain an attorney who will fight tirelessly to obtain a fair property division. Robin Rucker Gaillard is a skilled Prince George’s County divorce attorney, and if your marriage is ending, she can advise you of your rights and assist you in seeking the best result available under the facts of your case. Ms. Gaillard’s office is located in Largo, and she regularly represents parties in divorce actions in cities throughout Prince George’s County.

Characterization of Property in Maryland Divorce Cases

Under Maryland law, when a couple divorces, the court will characterize all property owned by the couple as marital or separate. Parties can also delineate certain property as separate or marital via a prenuptial or postnuptial agreement.

Marital property is all property either party acquired during the marriage that is not deemed separate. Marital property includes any income either party earns during the marriage up until the date of separation, such as a salary, money from a profit-sharing plan, pension, or deferred compensation unless it is proven to be separate. Any property that is in the names of both spouses is generally marital property as well.

Separate property, on the other hand, is any property, whether personal or real, that either party acquired prior to the marriage. Separate property also includes any property a party obtained during the marriage via devise, bequest, gift, descent, or survivorship from a party outside of the marriage. Additionally, property obtained during the marriage using the proceeds of the sale of separate property will remain separate as well.

When marital and separate property has been combined, determining the nature of the property can be complicated, and whether it remains separate or is transmuted into marital property depends on several factors.

Property Division in Maryland Divorces

In Maryland, both spouses have interests in and rights to marital property. While the court cannot order a transfer of title of separate property, it can divide any marital property in a divorce. Maryland is an equitable distribution state, which means that courts must divide marital property in a manner that is fair and just, which does not necessarily result in an equal division.

In determining what constitutes an equitable division of property, the court will consider several factors, such as the duration of the marriage, the age and mental and physical health of the parties, and the monetary or nonmonetary contributions each party made to the care and maintenance of any marital property and to the family’s well-being.

The courts will also evaluate each party’s economic situation, what facts and circumstances led to the breakdown of the marriage, and when and how the parties acquired the marital property in question, including what effort each party extended towards accumulating said property. The court may also look at whether either party is entitled to alimony and any other factor it deems relevant.

Speak with an Experienced Prince George’s County Divorce Attorney

The manner in which property should be divided is often one of the most contested issues in divorces. If you or your spouse intend to end your marriage, it is critical to retain an experienced attorney to advocate on your behalf to help you protect your rights. Robin Rucker Gaillard is a zealous Prince George’s County divorce attorney who possesses the skills and resources needed to help you strive for a good result, and if she represents you, she will fight tirelessly on your behalf. Ms. Gaillard has an office in Largo, Maryland, and she regularly represents people in divorce actions in cities throughout Prince George’s County. She also helps people with other family law issues in Montgomery, Anne Arundel, Charles, Calvert, Howard, Frederick, Queen Anne’s, and Baltimore Counties. You can contact her via her form online or by calling her at (301) 363-2933 to set up a confidential conference to discuss your case.