Dividing the Marital Home During Divorce
In Maryland, marital assets and debts are divided fairly but not always equally. For many families, the marital home is both the most valuable asset and the center of family life. Deciding what to do with it during divorce involves financial, legal, and emotional choices that can shape your family’s future.
Key Takeaways
Whether you sell, refinance, or request temporary use under Maryland’s family-use property rule, the right decision depends on your financial position, long-term plans, and whether children are involved. The following options can help you understand what’s possible and how to prepare.
What Are Your Options for the Marital Home
When dividing property in a Maryland divorce, couples can often choose what happens to the marital home before the court steps in. Some find agreement through negotiation or mediation, while others rely on a judge to decide. Understanding each path helps you make informed choices that protect both financial and emotional interests.
What Are Your Options for the Marital Home
When dividing property in a Maryland divorce, couples can often choose what happens to the marital home before the court steps in. Some find agreement through negotiation or mediation, while others rely on a judge to decide. Understanding each path helps you make informed choices that protect both financial and emotional interests.
Sell the Home
Selling the home allows both spouses to move forward with their share of equity. A well-drafted settlement should outline how the listing agent will be chosen, how pricing decisions will be made, and how costs like repairs, staging, and commissions will be paid. Many couples find that selling provides closure and a clean financial break, especially when neither spouse can afford to maintain the property alone.
Buyout or Refinance
If one spouse wants to keep the home, a refinance and buyout can provide a practical solution. This option allows one person to pay the other their share of equity while removing the other’s name from the mortgage. A fair process includes obtaining an updated appraisal, setting a deadline for refinancing, and documenting how closing costs will be handled. Refinancing protects both parties by separating credit responsibilities and providing clear ownership moving forward.
Temporary Co-Ownership or Living Arrangement
Some couples decide to continue co-owning the property for a limited time after divorce, often for financial or parenting reasons. If you choose this route, it’s important to specify who will pay the mortgage, taxes, and insurance, how maintenance will be handled, and when the arrangement will end. Temporary co-ownership can provide short-term stability but requires careful planning to avoid misunderstandings later.
Family-Use Property — Staying in the Home After Divorce
Maryland law recognizes a concept called family-use property, which allows a judge to grant one parent temporary exclusive use of the marital home for up to three years after divorce. This order does not change ownership but gives the custodial parent and children the right to stay in the home. The intent is to keep children in their familiar neighborhood, school, and community during a time of transition.
To qualify, the family must have minor children, and the court must find that remaining in the home supports their stability. The parent in possession is typically responsible for daily maintenance and utilities, while larger expenses like the mortgage, taxes, and insurance are divided equitably between parents. After the three-year period, the court can order a sale or permit a refinance and buyout.
This approach helps children maintain consistency in their lives and gives families time to adjust before making a permanent housing decision. It is one of several tools Maryland courts use to protect children’s best interests during divorce.
Planning Ahead When the Home Is Part of Your Divorce
Planning is essential when your marital home is part of a divorce settlement. Each option—selling, refinancing, co-owning, or seeking exclusive use—comes with financial and legal considerations. A clear written plan reduces the chance of disputes later and protects your equity, credit, and peace of mind.
- Set realistic timelines for refinance, sale, or transition after an exclusive use period.
- Decide who will handle mortgage payments, taxes, insurance, and major repairs.
- Clarify how appraisal values and sale prices will be determined if the home is sold.
- Include a contingency plan for what happens when children age out of family-use property protections.
For families with children, these details do more than resolve property issues—they preserve stability. Maryland courts frequently link custody arrangements, financial support, and family-use property rights to keep children in a consistent environment.
Get Legal Guidance Before Deciding
Every family’s situation is unique. Before you decide how to handle your marital home, speak with an experienced Maryland divorce lawyer. An attorney can help you weigh your financial options, understand family-use property protections, and draft clear terms that align with your goals. At Petrelli Previtera, we guide clients through every stage of divorce with strategies that protect both their property and their family’s stability.
Schedule a consultation to discuss your options with our team today.
