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Who Gets to Keep the House After a Maryland Divorce? At Jimeno & Gray, P.A., we often hear the concern: Who gets to keep the house after the divorce? The home often represents more than just a physical structure; it’s a repository of shared memories and a significant financial asset. Therefore, the question of its ownership post-divorce can be emotionally charged and complex. This blog post delves into the intricate factors that influence the decision, providing clarity for those grappling with this challenging issue. Concept of Marital Property in Maryland Before we can explore who gets the house in a divorce, it’s crucial to comprehend the notion of marital property as per Maryland law. Essentially, this term refers to assets that either spouse acquired during the marriage. It generally does not include properties owned before the marriage, individual gifts, or inheritances. Maryland follows the principle of equitable distribution. This means the court aims to distribute marital property between the spouses in a way that is fair, though not necessarily equal. Key Factors Influencing the Division of the House Several elements can affect the determination of who gets to retain the house in a divorce: Marital Settlement Agreement: If both spouses can agree on who should retain the house without the need for court involvement, this consensus is documented in a Marital Settlement Agreement.