If you and your spouse cannot agree on how to divide your property, the court will decide what is marital property and how much that property is worth. In a partition action, one owner of a property files suit against another and asks that the property be divided up or sold and the money split.You can expect a fair division of marital property in divorce. That's because Maryland is an equitable division state, opposed to a community property state. In Maryland, divorcing spouses must divide their marital property according to the principles of "equitable distribution." Division of real estate, business, and retirement assets such as pensions can get complicated. Property settlement agreements address the division of property in a divorce. Property division can also affect child support arrangements. These agreements can be called: a marital settlement agreement, separation agreement, or property settlement agreement. In a Maryland divorce, property is divided among the involved parties based on what is equitable, not what is equal.
