Can the Court transfer property upon divorce?

Upon divorce in Maryland, the Court may transfer ownership of an interest in: (1) a pension, retirement, profit-sharing, or deferred compensation plan, (2) family use personal property, subject to the consent of lienholders, or (3) the family home (as of October 1, 2006). The Court cannot order the sale of individually owned property. The Court can order the sale of any jointly-owned real or personal 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.

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