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How does property division work in Maryland?

There are two schools of thought when it comes to property division. The two legal ideas are called "equitable division" and "community property." Community property is only used in a handful of states, most of which are on the west coast or in the southwestern United States. Community property means that each spouse gets a 50 percent stake in assets and property that are deemed "marital property." There are exemptions to this, but in general, that's the rule.

Equitable distribution means that the assets and property of the marriage are equitably distributed among the splitting spouses. Note that "equitable" in this case does not mean "equal." A judge would determine what "equitable" means in your specific case, and the ultimate result may not necessary lead to a 50/50 split of assets or even an objectively "fair" result.

Maryland follows equitable distribution laws, and it is important to know this going into a divorce. There are intricate details in these laws that can help you with the property division process. For example, if you received a gift during your marriage, that gift doesn't count as a marital asset and thus can be exempt from the property division process.

If you are considering divorce, then you need to get an attorney to help you with the many different legal aspects of it -- especially property division. At Bromberg Rosenthal, we can help you with any court appearance you may have during your divorce and advise you throughout your case. Property division is a complex issue, and we want to help you with it.

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