Maryland uses an equitable distribution model when dividing property in divorce. This means that marital property is divided fairly. Marital property is property acquired during the marriage, with some exceptions.
A house is often the biggest piece of marital property in divorce. Deciding who gets the house can be a major point of contention.
You and your spouse are always free to agree on what happens to the house. You can agree that one of you keeps the house while the other moves out or you can both agree to sell the house. In situations where you cannot agree, a court will need to decide the matter.
A court examines various factors when deciding which spouse keeps the house
One practical factor is which spouse can afford the house. Wanting to keep the house is understandable. It signifies stability, routine and familiarity at a time of major upheaval in your life.
However, if you want to keep the house, you must show the court that you can afford it. This includes mortgage, insurance and tax payments, as well as payments for maintenance and upkeep.
No matter how good your intentions, if your individual income simply does not permit you to make the necessary mortgage payments, your chance of a court awarding you the house lowers.
Although you might request alimony or spousal support to provide you with extra income, these payments are generally not awarded long term. You must show a court that you have or will have the ability to pay for the house going forward.
If your divorce involves children, keeping the children in the house they have grown up in is sometimes another factor considered. If you are the spouse with primary custody, you can argue that it is best for your children to remain in the home.
Remember that the goal of equitable distribution is a fair outcome
Therefore, the spouse who receives the home must sometimes give up another asset in return or buy out the spouse giving up the house.
Therefore, even if you receive the house, you may be required to refinance the mortgage to remove your spouse’s name and pay them their equity interest.