One of you keeps it
If one spouse can afford the payments and refinance or get the other released from the mortgage, a buyout keeps the kids in a familiar home. It's worth pricing out carefully with your attorney.
Selling the house during a Maryland divorce? Here's how the rules work.
How Maryland treats the family home in a divorce, what a court can order if you don't agree, and your choices: buy out, stay for a time, or sell.
No obligation. No pressure. Takes about 2 minutes.
How it works in Maryland
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1
Is the house marital property?
In Maryland, marital property is property either spouse acquired during the marriage, however it's titled, and includes a home held as tenants by the entirety. Property bought before the marriage or received by inheritance or gift from a third party generally isn't, unless it's held as tenants by the entirety.
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2
Who stays in the house for now
A court can give one spouse sole use and possession of the family home, during the case or with the divorce, considering the children's best interests. It can also order who pays the mortgage or rent, taxes and insurance. That arrangement ends no later than 3 years after the divorce, or earlier if the spouse living there remarries.
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3
A buyout or a transfer
For a home the two of you own jointly and lived in together, a court can transfer one spouse's interest to the other, if that spouse gets the other released from the mortgage, or authorize one spouse to buy out the other on terms the court sets.
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4
A court-ordered sale
When it grants an absolute divorce, a court can decide who owns the real property and, for property you both own, order a partition or a sale and a division of the proceeds. You and your spouse can also agree to sell on your own terms.
Your real options
Sell for cash and split it
If you've both agreed to sell and want it done cleanly, a cash sale can close in as little as 7 days with no showings, repairs, fees or commissions. You see one clear number to divide.
List it together
If you both can cooperate on showings and the timeline, listing often brings a higher price. We'll show you the cash offer next to what listing could net, so you can both decide with the same numbers.
See both numbers
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
This page explains the general rules in Maryland's Family Law Article. It isn't legal advice. Every divorce is different, so talk to a family law attorney before agreeing to sell or buy out the house.
Frequently asked questions
Can one spouse sell the house without the other in Maryland?
If you both own the house, plan on both of you agreeing to the sale. If you can't agree, a court handling an absolute divorce can order the property sold and the proceeds divided. Talk to your attorney before signing anything.
Can I stay in the house with the kids after the divorce?
A Maryland court can give one spouse use and possession of the family home, considering the children's best interests. That order ends no later than 3 years after the divorce, or sooner if the spouse living there remarries, and then the house is dealt with as marital property.
Should we sell before or after the divorce is final?
It depends on your agreement and your attorney's advice. You can sell during the case and divide the proceeds by agreement, or wait for the court's decision on the property. A cash sale can close in as little as 7 days whenever you're both ready.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.