Who Gets the House During and After a Divorce in Maryland?
Understanding Family-Use Property in Maryland
One of the hardest parts of divorce is deciding who stays in the family home. Parents want their children to feel secure, yet emotions and finances make that choice complicated. Many people worry that they will be forced to sell the house as soon as the divorce is final, but Maryland law takes a different approach. In fact, one of the biggest mistakes a parent can make is moving out too quickly before understanding how family-use property works.
In Maryland, certain assets such as the marital home, family vehicles, and household items can be designated as family-use property. This law was designed to protect children’s sense of normalcy during and after divorce. As Melinda Previtera, Partner at Petrelli Previtera, explains, “Family-use property laws exist to give kids a sense of stability when everything else in their lives is changing.”
How Family-Use Property Works
When a judge determines that keeping children in familiar surroundings is in their best interest, the court may grant one parent the right to stay in the marital home for a limited period, often up to three years after the divorce. This arrangement does not change ownership. If both spouses own the home, they continue to do so. Instead, it gives one parent, usually the custodial parent, exclusive use of the home, vehicles, and furnishings so the children can remain in the same school district, neighborhood, and daily routine.
Example of Family-Use Property in Action
For example, consider a case where both parents wanted to sell the home immediately. The judge instead awarded temporary use to the mother so their two children could finish elementary school in the same district. The father retained his share of ownership, and the property could later be sold or refinanced once the use period ended. That decision minimized disruption and supported the children’s emotional health.
Limits and Responsibilities
Family-use property orders come with limits. They apply only when minor children live in the home, and they expire after the court-set term, often three years. The parent who stays is typically responsible for day-to-day expenses, such as maintenance, utilities, and sometimes part of the mortgage, while long-term equity remains shared between both spouses. After the order ends, the court may order the home sold, refinanced, or transferred as part of the property division.
Why Family-Use Property Matters
Parents are often surprised to learn that few states provide this kind of protection, but Maryland’s law recognizes that a stable home environment supports a child’s best interests. This rule also ties closely to related concepts such as exclusive use and possession and how Maryland courts protect children’s stability during divorce. Understanding these options early helps families plan ahead and avoid unnecessary moves or financial strain.
Protecting Your Family’s Future
If you are navigating a Maryland divorce with children, talk to an experienced family law attorney before making any decisions about the home. The right legal guidance can help you preserve your options, protect your rights, and maintain a steady environment for your children. Learn more about related topics in what happens to the family home in a Maryland divorce and should you move out when you file for divorce.
