Divorce is already a heavy process. Now add the question: Who gets the house in a divorce in Maryland? That’s not just about property—it’s about where your kids sleep, the life you built, and what happens next. It’s no wonder this question weighs so heavily. At Patrick Crawford Law, we don’t throw you templated answers. We walk you through it, one clear step at a time.
Whether the home is considered marital or non-marital property in Maryland can make a big difference. Generally, property acquired during the marriage is considered marital, no matter whose name is on the deed or who made the payments. However, if one spouse bought the home before marriage, it could be classified as non-marital. That said, it’s not always black and white. If marital funds were used to pay the mortgage, make upgrades, or cover repairs, the court may see the property as a mix of both.
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Maryland uses an “equitable distribution” system, which aims for fairness, not necessarily a 50/50 split. When deciding how to divide the family home, courts may look at:
Many people assume that whoever’s name is on the deed automatically keeps the house. But Maryland law looks deeper. If the home was purchased during the marriage, or if both spouses contributed financially, even for repairs or taxes, it may still be considered marital property.
Let’s say one spouse bought the house before the marriage. If the couple used joint funds during the marriage to pay the mortgage or improve the property, the other spouse may have a valid claim to a share of the equity. The court could assign a monetary award instead of physically dividing the home, ensuring a fair result based on each person’s contributions.
The court will also consider whether one spouse was added to the title during the marriage or if the home was refinanced. These details can shift how the court evaluates ownership and equity distribution.
Yes. Maryland courts can grant one spouse exclusive use and possession of the family home while divorce proceedings are ongoing, particularly when children are involved. This is meant to provide stability for the children and can extend up to three years after the divorce is finalized.
Couples have several avenues to address the family home during divorce:
Some couples decide to keep the home jointly, especially when children are involved or the market isn’t favorable for a sale. This arrangement can offer stability, but it also comes with challenges.
Potential benefits include:
However, risks exist:
A written agreement, ideally incorporated into the divorce judgment, can help avoid future conflicts. It should clearly outline who stays in the home, pays what, and when or how the house will eventually be sold or transferred.
The presence of children significantly influences decisions about the family home. Courts prioritize the children’s best interests, often granting the custodial parent exclusive use of the house to minimize disruption. This arrangement allows children to remain in a familiar environment, close to their schools and community.
Figuring out who gets the house in a divorce in Maryland can feel like walking through a minefield. But you don’t have to do it alone. At Patrick Crawford Law, we help you make informed, confident decisions about your home, finances, and next chapter. If you’re facing divorce and wondering what happens to your home, we’re here to discuss it. Reach out today to schedule a consultation and explore your best next steps—legally and personally.
Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.
Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.