Transfer of Real Property in a Marital Award in a Divorce in Maryland

In a divorce in Maryland the Court has the ability to divide the marital property of the parties and make an equitable distribution of that property. Pursuant to MD Family Law Article 8-205 when dividing marital property the court has the ability to grant a monetary award or transfer ownership of an interest in property. This transfer of ownership can apply to pensions, retirement plans, or family use personal property, as well as to any real property that was jointly owned by the parties. Pursuant to 8-205(a)(2)(iii)(1) “subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by ordering the transfer of ownership of the real property any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property.” This statute grants the court the ability to transfer the ownership of real property such as the marital home of the parties or any other property that is owned jointly by the parties to be one parties sole property. However this is subject to the consent of any lienholders and may only be transferred in accordance to any terms in a mortgage or other lien agreement.

Alimony Termination in Divorce in Maryland

In a case recently decided JOHN C. BRADLEY v. SHARON M. BRADLEY, the petitioner Mr. Bradley sought to terminate and indefinite alimony award, which was arrived at thru separation agreement and contain a provision that the indefinite alimony was not subject to further court modification. Mr. Bradley brought his action asserting that the termination of the alimony was necessary to avoid a harsh and unjust result. The provision of the separation agreement provided in pertinent part:

“Husband shall pay to Wife, for her support, the sum of Twenty- Six Thousand Eight Hundred Dollars ($26,800.00) per year accounting from the date hereof, payable in equal monthly installments of Two Thousand Two Hundred and Thirty-Three Dollars ($2,233.33) on the first day of each month, for so long as the parties live separate and apart and until the first to occur of any of the following events: (a) remarriage of Wife, (b) death of either party. The aforesaid provision shall not be subject to modification by any court, unless the Wife becomes disabled, and is unable to perform any duties or earn any income in the teaching and clerical fields. Her disability must be certified by two (2) physicians who are licensed in the State of Maryland, one of whom shall be the Wife’s current treating internist or cardiologist. The parties expressly waive the right ever hereafter to have any court change or make a different provision for the support and maintenance of Wife, except as provided herein, and they further expressly covenant and agree that under no circumstances, except those provided herein, shall either of them hereafter apply to any court for an increase or decrease in the amount of or a modification of the terms of such support. 

 

The husband  subsequently became disabled. Then, pursuant to § 11- 108 of the Family Law Article, which 1 states as follows: “Unless the parties agree otherwise, alimony terminates: (1) on the death of either party (2) on the remarriage of the recipient; or (3) if the court finds that termination is necessary to avoid a harsh and inequitable result.”, The husband sought to extend the courts authority to modify separation agreement, arguing that the failure of the agreement to specifically provide a provision addressing modification in the event of a necessary task to avoid harsh and inequitable result granted the court authority to make the modification. The court declined to extend its authority. Ultimately it is the court's determination that the non-modifiable alimony provision will not be overcome by subsequent harsh inequitable results unless the agreement specifically states that the non-modifiable alimony will be subject to modification in the result of harsh inequitable results.

 

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