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.