Marital Property

Equitable Division of Marital Property

Under Maryland law, divorce includes the process of equitable division of marital property. Very rarely does the court view an equal division of assets and debt to be equitable; it is extremely important to work with an experienced attorney during this process. At Sasscer, Clagett & Bucher in Upper Marlboro, our family law and divorce attorneys protect clients during property division, drafting, reviewing, and negotiating the terms of property settlement agreements and separation agreements to provide the maximum benefits for our clients.

Identifying separate and marital assets and debt

With a few exceptions, including inheritances and gifts received by one spouse, any property or debt acquired during a marriage is marital property, and subject to equitable distribution during divorce. However, identification of separate and marital property can be a complex process. There are questions when a marital estate is large, a family business is involved, separate assets are commingled with marital assets, or one spouse has significant retirement and pension accounts. If there is a prenuptial agreement, there may be a contest about the validity of the contract.

Divorce: Who will get the house?

Particularly for a couple with children, a serious and immediate question as the couple approaches divorce or dissolution of a domestic partnership is, "Who will get the house?" The answer is, for at least a few years, tied to the question of custody. The primary custodial parent can request use of the home for up to three years, at which time the equity in the home must be divided between the parties. A transfer of title to the home may be worked out as part of a complex property settlement, taking into consideration child support, spousal support/alimony, and division of the remainder of marital property.

Our family law and divorce lawyers, led by senior partner Paul J. Reinstein, have an exceptional level of experience in handling the financial aspects of divorces involving complex or large marital estates. The attorneys work as a team, calling on forensic accountants and vocational rehabilitation experts if appropriate. Property division is considered in light of the overall impact of child support, alimony, and our client's personal goals.

Our attorneys are skilled litigators, and are always prepared to proceed to trial if it is in our client's best interests. However, they often assist a client in reaching a beneficial property settlement through negotiation, mediation, collaborative divorce, or another alternative process.

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Sasscer, Clagett & Bucher
Prince George's County, Maryland