Property

What is tenancy by the entirety?

Tenancy by the entirety is a type of joint tenancy of property that provides extra protections for married persons. If a husband and wife own real property, Maryland law presumes a tenancy by the entirety unless the deed states otherwise. However, creation of the...

What is non-marital property?

“Non-marital” property in Maryland is property: 1) acquired before the marriage; 2) acquired by inheritance or gift from a 3rd party (other than a spouse); 3) excluded by valid agreement (e.g. a Pre-Nuptial or Separation Agreement); or 4) directly traceable to any of...

What is marital property?

Marital property is property, however titled, which is acquired by one or both of the parties during the marriage, up to the date of divorce (not the date of separation). Marital property does not include property: 1) acquired before the marriage, 2) acquired by...

What is a monetary award?

A monetary award (judgment against a spouse) occurs upon divorce after the Court determines which property is marital and the marital property value. After taking these steps, a Maryland Court may grant a monetary award to one spouse as an adjustment of the parties’...

What is “dissipated” marital property?

“Dissipated” marital property involves monies or assets which have been wrongfully disposed of before the divorce trial. In Maryland, where one spouse uses marital property for his or her own benefit for a purpose unrelated to the marriage at a time when the marriage...