Protecting your best interests during a divorce can help ensure that you come away from the situation with the property and assets you deserve. Milstein Siegel offers a comprehensive division of property representation that will look at how decisions regarding property distribution will impact you going forward.
We understand the importance of retrieving your property and assets, especially if you did not sign a prenuptial agreement before entering the marriage. Let us help you fight for what is yours and grant you peace of mind knowing you are in the hands of experienced Maryland family law attorneys.
Dividing Marital Assets Between Parties
The division of a marital estate has the potential to engender deep conflict between the parties. This is especially true when substantial property or assets are part of the equation.
When complex marital estates need to be divided, you need to do everything within your power to ensure that your best interests are well-protected by retaining an attorney with vast experience in difficult and complex issues of assets. It is also important to understand what property is subject to division by a court of law and what is not.
What Is Subject To Division?
There are plenty of complex marital assets that are subject to division. Any purchased real estate, including homes, vacation homes, commercial properties, and investment properties can be divided between former spouses. Investments such as pensions, retirement accounts, and other financial assets can be distributed if both parties are listed as beneficiaries. If the former spouses own a business together, shares of the company can also be divided.
What Is Not Subject To Division?
While many assets can be divided between parties, there are some assets acquired during the marriage that does not qualify for a division of property under Maryland law. Certain exceptions include gifts received from third parties, inheritance from family members or in-laws, and property or assets owned before the marriage. If there was a prenuptial or post-marital agreement, the property listed in the agreement may not be able to be re-divided.
How A Family Law Attorney Can Help Your Case
Seeking legal representation for your division of property case will not only increase your likelihood of retaining your assets but also ensure that you get as much distribution of shared assets as possible. A family law attorney can help you determine what assets should be included during the division of property, and even fight to help you include or remove a particular asset from the division.
A major issue in many complex property division cases is the hiding of assets. If you believe that your spouse has hidden assets, the attorneys at Milstein Siegel are skilled at conducting investigations that uncover hidden assets and property, which may include the involvement of a forensic accountant or other financial professionals. We will work tirelessly to ensure that all property and assets are transparent between parties and that no assets are being hidden from the court.
Reach Out To A Maryland Family Law Attorney
When a complex marital estate must be divided, you need to take steps to ensure that your rights and future are well-protected. The Maryland family law attorneys at Milstein Siegel have the years of experience required to manage your case and provide the greatest possible outcome.
For more information about division of property rights or to seek legal representation, contact Milstein Siegel by phone at (410) 792-2300 or request a consultation online today.
Division of Property FAQs
What is considered marital property in Maryland?
Marital property generally includes assets acquired by either spouse during the marriage, regardless of whose name is on the title. This can include homes, vehicles, retirement accounts, investment properties, and jointly owned businesses.
What types of assets are subject to division?
Assets subject to division may include:
- Real estate (residences, vacation homes, commercial properties)
- Retirement accounts and pensions
- Stocks, bonds, and mutual funds
- Joint bank accounts and investments
- Businesses owned by one or both spouses
What assets are excluded from division?
Assets not subject to division typically include:
- Inheritances or gifts from third parties
- Property acquired before the marriage
- Assets protected by a valid prenuptial or postnuptial agreement
Does Maryland divide property 50/50 during divorce?
Maryland uses an equitable distribution model—not a 50/50 split. The court divides marital property fairly based on factors such as the length of the marriage, financial contributions, and each spouse’s future needs.
What if my spouse and I can’t agree on who gets what?
If you can’t reach a settlement through negotiation or mediation, the court will decide how to equitably divide the property. Our attorneys can represent your interests and help build a case to support your claims.
Can my spouse keep our house?
The court may award the marital home to one party, especially if children are involved. However, ownership may depend on financial ability, contributions to the home, and whether the property qualifies as marital or separate.
What if my spouse is hiding assets?
Milstein Siegel is experienced in uncovering hidden assets through investigation, discovery, and forensic accounting. If you suspect financial dishonesty, our team will work to ensure full transparency in the asset division process.
How can a family law attorney help with property division?
An attorney helps identify marital vs. non-marital property, negotiate favorable outcomes, and handle disputes over complex assets such as businesses or investments. We also help enforce or challenge prenuptial/postnuptial agreements when appropriate.
What if we own a business together?
Dividing business interests can be complex. We coordinate with financial experts to accurately value the company and negotiate a resolution—whether through buyouts, asset swaps, or shared ownership arrangements.
Why choose Milstein Siegel for my property division case?
With decades of experience in Maryland family law, we understand how to protect high-value assets and handle complex estates. Whether through negotiation or litigation, we fight for the fair distribution you deserve.