Dividing the House During Divorce in Maryland: What You Need to Know

When you’re going through a divorce, the family home is often one of the biggest concerns. It’s not just about bricks and mortar. It’s where you built a life, raised kids, and celebrated holidays.

But when a marriage ends, tough decisions have to be made. What happens to the house? Who gets to keep it? Should you sell it? Should one person buy the other out?

In Maryland, dividing the house isn’t as simple as splitting everything down the middle. There are specific rules you need to understand before you make a decision that could impact your financial future for years to come. That’s why working with experienced divorce lawyers can make all the difference.

Let’s walk through your options and how to protect yourself along the way.

Understanding Maryland’s property division laws

First things first: Maryland is an equitable distribution state.

What does that mean? It means property is divided fairly—but not always equally—when you divorce. In other words, don’t assume a 50/50 split is guaranteed. The court looks at what is reasonable based on your unique circumstances.

If you and your spouse bought the home during marriage, it’s typically considered marital property. That’s true even if only one name is on the title. Maryland law is pretty clear about that.

But what if one of you owned the house before you got married? It gets trickier. If the house increased in value during the marriage or marital funds were used for mortgage payments or renovations, some or all of that value might be considered marital property too.

When deciding how to divide property, Maryland courts consider several factors:

• The length of the marriage
• Each spouse’s financial and non-financial contributions
• The circumstances that led to the divorce (like misconduct)
• Each party’s economic circumstances after divorce

And here’s the thing: judges prefer when spouses reach an agreement themselves. If you and your spouse can decide who keeps the house (or how to split it) without the court’s involvement, you’ll likely save time, money, and stress.

Your options for the marital home

When it comes to the house, you generally have three main choices:

Option 1: Sell the house and split the proceeds

This is often the cleanest solution. You put your house on the market, sell it, and divide the profits based on either your agreement or what the court orders.

It sounds simple, but emotionally, it can be tough. Leaving a family home is never easy. Still, if neither of you can afford the home on a single income, selling may be the smartest move.

And keep in mind: market conditions matter. If property values are high, selling could put both of you in a better financial position post-divorce.

Option 2: One spouse buys out the other’s share

Maybe you (or your partner) want to keep the house.

That’s possible, but it usually means one person needs to “buy out” the other’s equity. How? Either by refinancing the mortgage under their own name or paying a lump sum to the other spouse.

Sound doable? Just be careful. Before agreeing to a buyout, you need to be sure you can afford the mortgage, taxes, insurance, and maintenance costs on your own.

A lot of people underestimate how tight money gets after a divorce.

Option 3: Co-own for a period of time

In some cases, particularly when children are involved, spouses agree to keep co-owning the house for a few years. Maybe until the kids graduate from high school.

It can work, but only with clear terms. Who pays the mortgage? Who handles repairs? When will you sell?

Without clear agreements, things can get ugly fast. This is where having divorce lawyers draft a detailed agreement can save you future headaches.

What factors should you consider?

Deciding what to do with the house isn’t just about what you want. It’s about what makes sense financially, emotionally, and practically.

Here are a few key things to think about:

• Children’s stability: Moving might be hard on kids. Keeping them in the same school district could be a priority.
• Affordability: Mortgage payments, property taxes, homeowners insurance, utilities, maintenance. Add it all up. Can you handle it on your own?
• Real estate market: If housing prices are low, selling now might not make sense. If prices are high, it could be a smart time to cash out.
• Emotional ties: Ask yourself: Am I fighting for the house because it’s best for me, or because I’m attached to the past?

This is exactly the kind of tough, clear-eyed thinking good divorce lawyers can help you with. Sometimes having someone outside the emotional fog makes all the difference.

Common mistakes to avoid

It’s easy to make expensive mistakes when it comes to the marital home. Here are a few you want to steer clear of:

• Fighting for the house without a plan: Winning the house means nothing if you can’t afford it long-term.
• Forgetting hidden costs: Repairs, landscaping, HOA fees — they add up. Quickly.
• Overlooking the impact of refinancing: You might face higher interest rates. Plus, qualifying for a mortgage on one income can be tough.
• Letting emotions run the show: Divorce is emotional. Property division shouldn’t be. Focus on the future, not revenge or nostalgia.

Why working with divorce lawyers matters

Some people think they can just “figure it out” with their spouse. And sometimes, that’s true.

But most of the time? Property division, especially involving real estate, gets complicated fast.

Having a seasoned divorce lawyer on your side can help you:

• Understand your rights under Maryland law
• Calculate the real value of your home and your share
• Structure creative agreements (like deferred sales or staggered buyouts)
• Avoid costly legal mistakes that could hurt you down the road

Even if your divorce seems amicable, getting independent legal advice is critical. Your future is too important to wing it.

Moving forward with confidence

Your house might feel like your anchor during a divorce. It’s familiar. It’s safe. But when it comes to securing your future, you need to approach the decision with clarity — not just emotion.

If you’re struggling with what to do about your home during divorce negotiations, here are a few important things to keep in mind:

• Financial stability matters. Be honest about your income, expenses, and long-term prospects when discussing property division. Trying to “hold onto the house at any cost” can backfire later.
• If emotions are running high, mediation may offer a solution. A neutral mediator can help both parties find a fair outcome regarding the house and other assets — without dragging things through the courts.
• Remember that financial decisions made during divorce have long-term consequences. Don’t rush into a settlement just to get it over with. Take the time to assess what you can realistically afford once the divorce is finalized.
• Life changes — and so can agreements. If circumstances shift after divorce (job changes, income loss, etc.), know that property and support agreements can sometimes be modified.

Divorce laws and property division can be complicated, especially when a major asset like a home is involved. The experienced family law attorneys at McCabe Russell can help you handle the situation and ensure that your rights and financial interests are protected.

If you’re going through a divorce in Maryland and are concerned about what will happen to your home, the skilled Columbia family law attorneys at McCabe Russell are here to help. We understand how overwhelming this decision can be and will guide you through the legal process with personalized solutions tailored to your needs. Contact us today and let’s talk about how we can help you protect your future and find a fair path forward. Simply call our offices or fill out our contact form to schedule a meeting with a compassionate lawyer. We also maintain offices in Fulton, Bethesda, and Rockville.