In all pending divorce matters in Maryland, the court requires that the parities complete a joint property statement.
The joint property statement which is referred to as:
A JOINT STATEMENT OF PARTIES CONCERNING MARITAL AND NON-MARITAL PROPERTY (Md. Rule 9-207(b). ccdr033.pdf
The Joint property statement enables a party to list all property that is marital, non-marital or disputed. Each party must assert the value of the listed property (for example Real Estate, Vehicles, Retirement Accounts). The parties must also list any liens associated with the property. In a contested divorce, the court uses the J 9-207 to determine how to equitably divide property. If the property is jointly titled, the courts strongly encourage parties to reach an agreement. Failure to agree on jointly titled real property could result in a forced trustee sale.
In order to avoid an immediate forced sale of the marital home, a party who has physical custody of the minor children, may ask the court to grant him or her use and possession of the marital home. The purpose of granting a party use and possession of the marital home is to ensure that the children have consistency in terms of schools, extracurricular activities and social connections. The use and possession period which is limited to three (3) years. At the end of the use and possession period, the home has to either be listed for sale or one party may buy the other party out.
Issues relating to marital property are complex and require the expertise of a skilled attorney. If you are pending a divorce which has complex property issues, The Law Office of Lynndolyn Mitchell is exceptionally qualified to represent you.
