La Plata Property Distribution Lawyer
Protecting Your Financial Interests in Divorce
One of the most important—and often most emotionally charged—aspects of any divorce is the division of property. Whether you’ve built a life together over a few years or a few decades, sorting out who gets what can be complicated. Property division in Maryland isn’t just about dividing things evenly—it’s about doing so fairly under the law. This process is known as equitable distribution, and while “equitable” means “fair,” it doesn’t always mean “equal.”
At Fanning Law, we help clients in Charles County and Southern Maryland protect what matters most during divorce. La Plata property distribution lawyer William C. Fanning, Jr. brings more than 30 years of experience in Maryland family law to every case, offering thoughtful guidance and strong advocacy as you work through the financial side of ending a marriage.
How Property Division Works in Maryland Divorce Cases
Maryland follows the principle of equitable distribution when dividing marital property. That means the court aims to divide property in a way that is fair under the specific circumstances of each case. The process starts with identifying and classifying the couple’s assets and debts as either marital or non-marital.
Only marital property is subject to division by the court. Property that is classified as non-marital remains with the spouse who owns it.
What Is Marital Property?
Under Maryland law, marital property generally includes any assets or debts acquired by either spouse during the marriage, regardless of whose name is on the title. This includes, for example:
- The family home
- Cars and other vehicles
- Bank accounts
- Retirement accounts and pensions
- Investment portfolios
- Business interests
- Household furnishings and personal property
- Debts, including mortgages, credit cards, and loans
Even if an asset is titled in one spouse’s name, if it was acquired during the marriage using marital funds, it may still be considered marital property.
What Is Non-Marital Property?
In contrast, non-marital property—sometimes called separate property—is not subject to division. Examples of non-marital property include:
- Property owned by one spouse before the marriage
- Inheritances or gifts received by one spouse alone during the marriage
- Property excluded from marital status by a valid prenuptial or postnuptial agreement
- Proceeds from a personal injury settlement for pain and suffering (but not for lost wages or medical bills paid during the marriage)
However, things can get complicated. For example, if non-marital funds were used to improve the marital home, or if separate assets became mixed with marital funds (known as commingling), a portion of those assets may be deemed marital. Sorting out these situations often requires careful analysis.
How Maryland Courts Decide on Property Division
If you and your spouse cannot reach an agreement on how to divide your property, a judge will make that decision for you. The court does not simply split everything down the middle. Instead, the judge weighs several factors to arrive at a fair distribution, including:
- The length of the marriage
- Each party’s contributions to the marriage (both financial and non-financial)
- The age and health of each spouse
- Each spouse’s economic circumstances and earning potential
- How and when specific assets were acquired
- Any marital misconduct that led to the breakup of the marriage
- Whether one party used marital assets for their own benefit after separation
The court also considers whether one spouse will receive alimony and how that might affect the property division.
The Role of Valuation in Property Division
Before property can be divided, it must be accurately identified and valued. In some cases, valuation is straightforward—such as the balance of a checking account. In others, it may require expert appraisal, particularly for assets such as real estate, business interests, retirement accounts and pensions, and antiques, collectibles, or high-value personal items. Fanning Law works with trusted financial experts and appraisers when necessary to ensure that property is accurately valued, giving you a clear understanding of what is at stake.
What About the Family Home?
The family home often carries both significant financial and emotional value. If the home is marital property, the court may award it to one spouse, often the one with primary custody of the children. Alternatively, the judge could order it to be sold and the proceeds divided equitably, considering the overall distribution of marital property. The court could also decide to allow one spouse to remain in the home for a set period (e.g., until the youngest child turns 18), at which point it may be sold or transferred. These decisions are often influenced by practical concerns—such as affordability, the children’s best interests, and the home’s connection to each spouse’s financial future.
Debt Division in Maryland Divorce
Just as assets are divided, so are debts. Marital debts—those incurred during the marriage—are typically shared by both spouses, even if only one person’s name is on the account. This can include credit card debt, medical bills, and personal loans. At Fanning Law, we help you understand which debts are marital and which are not, and we advocate for fair allocation so you are not saddled with an unfair financial burden after your divorce.
Why Legal Representation Matters in La Plata Property Division
While Maryland law lays out a framework for dividing marital property, the process is rarely simple. Emotions can run high, particularly when assets are substantial or the divorce is contested. An experienced divorce attorney can help ensure that all assets and debts are disclosed, that property is correctly classified as marital or non-marital, that the valuation is accurate and supported by evidence, and the proposed division is equitable and enforceable.
Attorney William C. Fanning, Jr. brings a calm, strategic approach to property division. He works closely with clients to identify goals, understand the family’s finances, and pursue outcomes that support long-term stability. Whether your La Plata divorce case involves a modest estate or a complex financial portfolio, we’ll help you approach the process with clarity and confidence.
Negotiated Settlements vs. Court-Ordered Division
Many divorcing couples are able to reach an agreement about property division on their own through negotiation or mediation. This approach can reduce stress, save time and money, and give both parties more control over the outcome. Courts will typically approve a property settlement agreement as long as it is fair and consistent with Maryland law.
At Fanning Law, we support clients in reaching workable, durable settlements whenever possible. But if litigation becomes necessary, we’re fully prepared to advocate for your interests in court.
Serving La Plata and the Surrounding Communities
Fanning Law is based in La Plata and proudly serves families throughout Charles County and Southern Maryland. Attorney Fanning is familiar with the local courts and judges and offers the kind of seasoned, client-centered representation you can trust during a challenging time.
Talk to a La Plata Family Lawyer About Property Division in Your Divorce
Dividing marital property can have a lasting impact on your financial future. Let Fanning Law help you approach this process with the information, guidance, and advocacy you need to protect your interests. Contact us today and take the first step toward a fair and manageable resolution.
