Marital Property

The divorce process involves much more than simply ending the marital relationship. It also divides property that was acquired by either spouse during the marriage. A 9-207 statement must be filed with the court before trial and outlines whether spouses agree on how their property should be characterized when they part ways. The statement helps a Maryland court determine the treatment of a couple’s property in divorce — and can impact a judge’s decision in the event there is a dispute regarding property division.

What is a 9-207 Statement?

Also referred to as a “Joint Statement of Marital and Non-Marital Property,” a Rule 9-207 statement is a document that is required by Maryland courts in divorce cases where relief involving property is requested. It lists all property owned by both parties. The spouses must agree or disagree on the statement as to how their property should be characterized, and whether each item is a marital or non-marital asset.

Some examples of marital property include the following:

• Real estate
• Vehicles
• Retirement accounts
• Business interests
• Bank accounts
• Stocks and bonds
• Artwork and jewelry
• Intellectual property
• Investment accounts

The 9-207 Joint Statement of Marital and Non-Marital Property is a joint effort between spouses, and they must both participate in the process of classifying each item of property. Although a 9-207 statement is not intended to be a substitute for discovery in divorce, it can help to streamline the litigation process by requiring the parties to clearly identify their assets. This can help reduce the potential for disagreements that could arise.

What are the Procedures and Timelines Involved with a 9-207 Statement?

There are important timelines to be aware of regarding the procedures for filing a 9-207 statement. While the joint statement is typically filed with the court before a pretrial conference, it’s essential to adhere to the necessary procedural requirements to avoid the consequences of non-compliance.

Specifically, spouses must comply with the following procedures in connection with a Rule 9-207 statement:

• Preparing and serving the statement — Each party must prepare and serve a proposed statement on the other side at least 30 days before it is due to be filed.
• Signing the statement — At least 15 days before the joint statement is due, the plaintiff must sign it and serve the document on the defendant for their approval and signature. The statement must accurately reflect each party’s position.
• Filing the joint statement — Under Maryland law, the joint statement must be filed by the defendant at least ten days prior to the scheduled trial date, or any earlier date that the court selects. If the defendant has chosen not to sign the statement, they must provide a statement with the specific reasons as to why they did not sign.

If either side fails to comply with the requirements for a joint statement, the court may sanction them. For instance, the court may order that the property be classified in accordance with the statement provided by the complying spouse. A judge may also issue an order refusing to allow the noncomplying party to oppose designated assertions on the complying party’s statement, or prohibit the noncomplying party from introducing them into evidence.

How to Compile a 9-207 Statement

Before you begin compiling your 9-207 Joint Statement of Marital and Non-Marital Property, make a list of all the property you own and note when it was acquired. Property owned by either spouse before marriage is considered separate property. Any property acquired during the course of the marriage is considered marital property, regardless of which spouse’s name is on the title. While complexities can arise when assets have been commingled, your attorney can help you determine whether an item should be classified as marital or separate property.

It’s crucial to be as specific as possible when compiling a 9-207 statement. The statement requires the following information about each item of marital and non-marital property:

• A description of the property
• How the property is titled
• The fair market value of the property
• Any liens, encumbrances, or debts associated with the property

If either party does not agree about the title or the value of the property, they must specify their assertion as to how the property should be titled or valued.

Contact an Experienced Maryland Divorce Attorney

Preparing a 9-207 statement can be overwhelming — an experienced and compassionate divorce attorney can guide you through the process. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide high-quality representation for a wide range of divorce and family law matters. Trained in collaborative divorce, mediation, and traditional divorce litigation, we will work with you to find a tailored strategy that will ensure the best possible results in your case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Your dog, cat, or other pet is often considered to be a treasured member of the family. When parties separate or divorce, it can create questions about who gets the dog (cat, fish, lizard, etc.) in the divorce. Here’s how Maryland law treats pets in the divorce process, and what you can expect to happen if you and your spouse can’t agree on who will get dog custody after your marriage.

“Dogs are the leaders of the planet. If you see two life forms, one of them's making a poop, the other one's carrying it for him, who would you assume is in charge?”― Jerry Seinfeld

Who Gets the Dog in a Divorce?

Dogs may be the leaders of the planet, but not when it comes to divorce in Maryland. Many pet parents treat their animals like furry children. However, in Maryland, pet custody isn’t something that regularly happens. In Maryland courts, cats, dogs, and other pets are routinely treated as personal property. That means the Maryland courts will consider the following issues:

When and How was the Pet Obtained?

If your dog is older than your marriage and you owned the animal before the marriage, it will generally be awarded to you as your separate property. You may also be able to retain possession of your dog or cat if you inherited the animal from a family member, received it as a gift from a third party, or excluded the animal from the marital estate through a valid prenuptial agreement. If, however, Fido was acquired by you or your spouse during the marriage, using marital funds, then Fido is considered marital property.

Establishing the Value of Family Pets

Our Maryland family law and divorce attorneys strive to help clients reach creative solutions to divorce and family law concerns. We understand how important your family pets are to you and your children. We also know the limits of what Maryland law can do for you. Contact us to talk to an attorney about your case.

You may think that Fido is priceless, but when it comes to the Maryland divorce process, your judge will need to establish the animal’s value the same as it would set the value of your marital home or vehicles. Unfortunately, most of the time, a family pet has minimal financial value. Some families breed, train, and show purebred animals worth thousands of dollars each. However, it is far more common that your family dog would be adopted for little to no money.

How Do You Equitably Divide Pets in Divorce?

It is up to the Maryland family court to divide marital property on an equitable basis. While marital property is subject to equitable division under Maryland law, there really is no way to “equitably” divide a dog. So, how do Maryland courts decide about dog custody in divorce?

If parties are able to agree who keeps Fido, then the Court will generally enforce that agreement along with the division of other personal property like furniture, personal items, or holiday decorations that are valuable, but not enough to support the related costs of litigation. If you are struggling to come to an agreement on dog custody or the equitable division of other one-of-a-kind property, you may be able to work with a mediator to find a creative solution.

By Agreement or After Mediation

If you can’t reach an agreement, even after mediation, it may come to the Court as part of your divorce trial. In extremely rare cases, the Court may decide who gets to keep a pet that has been identified as marital property. If you own two animals, the Court may award one pet to each party, and divide the assets (your pets) based on the assumption that they are of approximately equal value. There is no requirement for the Court to consider what is best for the property - your pets.

Based on Equitable Value

If the animal in question is significantly valuable, such as a horse or a competition animal, the Court may, in extreme cases, award the animal to one party and award an equitable portion (generally but not automatically half the value) of that animal’s value to the other party. For example, if Fido is a show-dog and has a comparable value of $5,000, the party who loses out on Fido may receive $2,500 in monetary award or other value from the spouse that gets to keep him.

By Ordering the Sale of the Animal

In most cases, when Maryland families are unable to reach an agreement on the specific division of personal property acquired during marriage, the Court will order that the property be sold and the proceeds of sale divided. This includes our faithful, four-legged family member - Fido. This can create a kind of ultimatum where no one wants their beloved animal sold. To avoid both parties losing the pet, one or the other party will generally give up their claim on the animal to ensure that the animal does not have to be sold.

At the Law Office of Shelly M. Ingram, LLC, we strive to help clients reach creative solutions to divorce and family law concerns, including the division of marital property. We encourage our clients to explore out-of-court options, including negotiation, mediation, and collaborative law, when possible, because these options give you control and customization to decide what is best for you and your dog.

At the Law Office of Shelly M. Ingram, our Maryland divorce attorneys understand how important your family pets are to you and your children. We also know the limits of what Maryland law can do for you. We will help you negotiate a property division that accounts for your pets and your other assets. Call us at (240) 652-2596">(240) 652-2596 or contact us here to schedule a consultation at our Howard County family law firm located in the Maple Lawn business district of Fulton, Maryland. We look forward to working with you.

For answers to other frequently asked family law questions, feel free to explore our FAQs on Marital Property and Divorce.

Your Judgment of Absolute Divorce may award you the marital home or other real property, but that doesn’t mean the work of separating your finances is over. Understanding how to get an ex-spouse off a mortgage – and the steps to take to execute a judgment in your favor – is important to allow you to close the book on your divorce and move forward as the sole owner of your home.

Property Awards Can Mean Taking a Spouse Off the Mortgage

The Maryland Marital Property Act requires the family court judge in your case to divide all your marital property equitably. That includes dividing the family’s marital home or other real estate. One of the ways the court can do this is to order the transfer of jointly owned property solely into one spouse’s name. This spouse then has the sole right to continue to live in and possess the property, and to sell it and keep the proceeds when the time is right.

When a Maryland court awards one spouse the family home, it generally also requires that party to assume the costs and liabilities of the home, including paying off the mortgage. However, unless you take steps to get your ex-spouse off the mortgage, your credit will remain linked to theirs. This means that the party awarded the home will generally be required to refinance the property to remove the ex-spouse’s name from the mortgage, and any other obligations they have to pay home-related expenses.

How to Get an Ex-Spouse Off a Mortgage

Getting an ex-spouse’s name off your mortgage isn’t the easiest thing to do. A lot will depend on your financial situation, your credit, and your ability to obtain new financing in your name only.

Steps to Removing a Name from a Mortgage

Confirm How Much You Need to Borrow

Understanding how to get an ex-spouse off a mortgage – and the steps to take to execute a judgment in your favor – is important to allow you to close the book on your divorce and move forward as the sole owner of your home.

Often, when the Maryland family courts award one spouse the marital home, that spouse will be required to pay the other a lump sum representing the other spouse’s equitable interest in the property. Some divorcing spouses can offset that equitable award from other sources, like retirement accounts or investments. More often, however, that buyout is financed through a mortgage or home equity line of credit against the property itself. It is important to check your Judgment of Absolute

Divorce, and your current mortgage balance, to understand how much you will have to borrow to satisfy the judgment and pay off your spouse’s interest in the home.

Talk to Your Current Lender

It is wise to start the refinancing process by talking to your current lender or mortgage holder. That bank or financial institution will already have a lot of information about your background and finance information, so it may be able to give you a quick answer about whether they will finance a new loan in your name only, and on what terms. Keep in mind that financing a property in one name instead of two increases the chances of something happening and the bank being unable to collect its payments. This may mean your new mortgage will be at a higher interest rate than when you and your spouse previously borrowed together.

Get a Comparative Quote

It is worth the extra time (and minor expense) to get a second lender’s estimate on a new mortgage in your name only. This will likely require the second lender to pull your credit history and do a background check. But the financial markets have changed a lot in recent years. If you and your spouse purchased your home several years ago, you shouldn’t assume that your current mortgage lender has the best options for you as a single person. When comparing the quotes, remember to consider:

• Interest rates
• Term of lending (often 15 or 30 years)
• Fixed vs variable interest rates
• Grace periods for payments
• Late fees and penalties
• Foreclosure provisions
• Home insurance requirements (most lenders have them)
• Escrow for property taxes or utilities

In deciding which lender to use, be sure you can afford the payments, as well as utility payments and other expenses related to the home. A mortgage broker may be able to assist you in understanding the finance options that are available to you.

Sign a Quit Claim Deed or Record Your Judgment

Once you have been approved for new financing, you and your spouse will need to sign and file a quit claim deed, formally transferring ownership to you alone. This is often signed at a closing in front of your lender, who will notarize the deed and file it with the county clerk. Your Maryland divorce attorney can also help you prepare, sign, and file a quit claim deed.

If your ex-spouse refuses to sign a quit claim deed, you may be able to record the Absolute Judgment of Divorce itself as proof you are the sole owner of the property. Your attorney can also file a motion to compel your ex-spouse to sign the deed, which will avoid publicly filing the information contained in your judgment. Either way, your lawyer can help you ensure that you are the sole title holder of the property before the loan is finalized.

Execute Your New Loan Agreement and Pay Your Spouse’s Equitable Interest

Also at the closing, you will sign a loan agreement with your mortgage company. This is the formal contract between you and the bank where they agree to give you money and you agree to pay according to its terms. The mortgage company will then issue a check for the agreed upon amount. You can have that check made out directly to your spouse, so there is no question that their equitable interest has been paid and the judgment satisfied.

You should treat this appointment as high-priority. If a closing has to be postponed, it can create delays in executing your Absolute Judgment of Divorce, and could even result in post-judgment motions to enforce the judgment and force you to pay your ex-spouse what you owe.

Can You Remove Someone’s Name from a Mortgage Without Refinancing

When a property is transferred as part of a divorce settlement, some banks will allow the mortgage to be transferred to a new borrower, without the need for refinancing. This may require you to find a new co-signer, like a parent, who will step into the place of your ex-spouse. This transfer will allow you to get your ex-spouse off the mortgage without exposing you to higher interest rates or fees. Before your lender allows the transfer, they may want to perform a new credit check or investigation to determine your level of risk.

Loans can also be “assumed” – meaning that a new person may agree to pay a debt owed by someone else. This will generally not work if the original mortgage was in both spouses’ name, since both you and your spouse are already obligated to pay the debt. However, if you are awarded a property that your spouse borrowed money to pay for, assumption of the loan can be a way to remove your ex-spouse’s name from the mortgage without refinancing.

Get Help Removing Your Ex-Spouse’s Name from the Mortgage

The work of getting divorced doesn’t end when your judgment is entered. It is up to you and your ex-spouse to do the things the Maryland court has ordered – including taking your spouse off the mortgage. The Law Office of Shelly M. Ingram can help. We can walk you through the process and ensure that you have done everything you are required to do under the Absolute Judgment of Divorce, so you can start your single life on the right foot. Call us at (240) 652-2596">(240) 652-2596 or contact us online to schedule a consultation at our Howard County family law firm located in the Maple Lawn business district of Fulton, Maryland. We look forward to working with you.

Frequently, people are upset to learn that individually titled property can be deemed marital and subject to division in divorce. One of the ways that a lawyer can guide you and mitigate your property exposure in divorce, is by helping you to identify and trace property that may be non-marital. In short marriages, second (or subsequent) marriages, and cases with prenuptial agreements, identifying each party’s non-marital property may be an important part of resolving a couple’s divorce. But what is considered non-marital property in Maryland? And how will the Maryland family courts treat non-marital property if your case goes to trial?

What is Non-Marital Property?

In Maryland, marital property includes “property, however titled, acquired by 1 or both parties during the marriage.” That includes land or real property held in either party’s name, gifts one spouse gave to the other, and anything either of you obtained after you separated, but before the divorce was final.

Maryland only recognizes 4 categories of non-marital property:

1. Property acquired before the marriage
2. Inheritances or gifts given to one spouse by someone other than the other spouse
3. Property explicitly excluded in a valid agreement (most commonly: prenuptial, postnuptial, or separation)
4. Anything that is directly traceable to one of the first three categories (for example, if you owned a car prior to your marriage and sold that car to buy a new one)

The last category is particularly dangerous, though. If marital assets (like your own income) is combined with non-marital property to supplement the cost of an asset, that asset could be sufficiently commingled that it would be deemed marital, rather than non-marital property.

How Do Prenuptial Agreements Affect Non-Marital Property?

One category of non-marital property would be items excluded in a prenuptial or other agreement. This contract, entered before the marriage, can explain specific property, or types of property, that each party will receive in divorce. This can convert items that would be deemed marital property by operation of law into non-marital property.

For example, it is common for a prenuptial agreement to say each party will keep his or her own retirement accounts no matter when they were created. Normally, retirement accounts opened, earned, or contributed to during the marriage are marital property (though any balance that existed at the time of the wedding would be non-marital, and sometimes appreciation on that balance). However, in the prenuptial agreement, each future-spouse agrees that he or she will instead treat retirement accounts as non-marital property.

You and your spouse can also protect property you want to keep separate by entering into a postnuptial agreement (signed after the marriage but before a complaint for divorce is filed, or contemplated), or a separation agreement (entered in anticipation of an upcoming divorce).

You and your spouse can also protect property you want to keep separate by entering into a postnuptial agreement (signed after the marriage but before a complaint for divorce is filed, or contemplated), or a separation agreement (entered in anticipation of an upcoming divorce). Just like a prenup, these contracts can carve out property from the marital estate, by agreeing to treat it as non-marital.

Examples of Non-Marital Property

It can often be difficult to determine what is marital property and what is not. If you suspect property is yours alone, you should discuss that property with your divorce attorney to see if it qualifies. However, here are a few common examples:

• One spouse’s premarital home
• The portion of a retirement account that was invested before the marriage
• Family heirlooms inherited by one spouse during the marriage
• Ownership interest in one spouse’s family business
• Monetary gifts received by one spouse and held in a separate account from the family funds

Can You Turn Non-Marital Property into Marital Property?

Even if an asset would normally qualify as non-marital property, the way you and your spouse treated that property during the marriage can sometimes convert it into commingled, mixed, or marital property. Financial assets are most likely to become “commingled” when non-marital money is placed into marital accounts. This creates what lawyers call a “tracing” problem. It becomes hard to trace your separate money once it mixes with the marital assets.

Business interests can also become marital property if the non-owner spouse actively works to increase its value or operate the business. For example, if one spouse becomes an owner in the family business and her spouse begins working there as an accountant, the accountant-spouse may be entitled to some portion of the owner-spouse’s share of that business.

Physical objects can be converted into marital property, too. For example, assume one spouse owns a home. If the other spouse spends time building an addition, or the parties use their marital income to pay the mortgage, that home can become a mixed or marital asset.

How Maryland Treats Non-Marital Property in Divorce

If you and your divorce attorney are able to prove that an asset is non-marital property, you will be awarded that property without it counting against your share of the equitable distribution of marital property. If a piece of property is mixed, you will be entitled to the non-marital portion separately, and the marital portion will be divided equitably.

For example, a woman had a retirement account worth $20,000 at the time of the marriage. She continued to contribute to it throughout the marriage, and at the time of the divorce it was worth $200,000. Assuming she had proof of the initial value and no funds have been withdrawn or borrowed from the account, then Maryland family court may award her the first $20,000 as non-marital property (perhaps investment gains on the $20,000 too) and divide the remaining $180,000 equitably between the parties.

The key to protecting your claim to property is your ability to prove it remained separate. At the Law Office of Shelly M. Ingram, our divorce lawyers are well-versed in tracing non-marital assets. We can help you identify what property is marital and what is not and prove its value in the Maryland divorce courts. If you need help protecting your non-marital property, contact us today to schedule a confidential consultation with an attorney.

A lot can happen in a year. If you signed a separation agreement in Maryland but then something changes what seems fair, you may be looking for a way to change your agreement. Depending on what you want to adjust and what has changed in the interim, changing your agreement may be simple or it might be impossible.

What is a Divorce Separation Agreement?

When you or your spouse move out of the marital home and start planning for divorce, you may start by negotiating a separation agreement. Every decision you make about dividing furniture, or when you will see your children takes you another step toward resolving issues related to dissolving your marriage.

However, while it may seem easy to begin the negotiation of your separation agreement, finishing the negotiation is often very difficult. There may be disputed issues that both spouses feel strongly about. You may need to work with an experienced divorce attorney or mediator to work through those issues in order to reach a separation agreement you both feel comfortable with.

Ultimately, a marital separation agreement is the contract that controls how you and your spouse will divide one household into two, and how you will live apart. When you have a written separation agreement in Maryland, signed by both parties it will generally cover:

• Child custody, visitation, and support
• Any ongoing support contributions between the parties, for example: alimony or contribution towards the mortgage
• Division of marital debts like the mortgage or joint credit cards
• Health insurance for both spouses and the children
• Division of marital property

A marital separation agreement does not end your marriage. Only a judge can do that.

A marital separation agreement does not end your marriage. Only a judge can do that. But an agreement does outline what life can look like while you are separated and waiting for your judgment of divorce to be entered.

Out-of-Court Options for Changing Separation Agreements

Sometimes, people change their minds after a separation agreement is signed. You may not have understood the language or the practical effects of the language in your agreement. Maybe the way the agreement was written has unintended effects. Perhaps you felt pressured to say “yes” and regret the decision now that it is done.

Other times, life changes and what worked when you negotiated a separation agreement doesn’t work in your new circumstances. A new job may make a visitation schedule impractical or require one spouse to move out of state. Unexpected unemployment could make child support payments difficult or even impossible. Changes to the real estate market could mean plans to sell your marital home no longer make sense.

When life happens, you may find yourself wondering, can a divorce agreement be changed? The answer depends on what part of your agreement needs to change, and whether both parties can agree to the change.

You and your spouse can make changes to your separation agreement in Maryland as long as you both agree to do so; you sign a new Agreement that memorializes the new terms, and then submit the new Agreement to the court. However, negotiating changes to a separation agreement can often be more difficult and emotionally charged than resolving the issues the first time. In negotiation, you and your divorce attorney should be prepared to make a strong argument as to why the change is necessary; to explain how the change might be mutually beneficial; and to consider opportunities for compromise that will entice your partner to return to the negotiation table.

Will the Court Modify a Separation Agreement in Maryland?

A separation agreement is a contract, and the courts will treat it like one. That means generally you can’t ask the court to modify a divorce agreement just because you changed your mind after the fact. However, the court will modify a separation agreement in Maryland as it relates to certain important issues.

Modifying Child Custody, Child Support, or Parenting Time Plans

Material change is a high-hurdle and a question that requires case by case assessment.

Legal Custody (decision-making), Physical Custody (parenting time) and Child Support, are always subject to modification based upon a showing of material change in circumstances, when the modification is in the best interest of a child. Maryland family law gives judges the authority to modify child custody, child support, and parenting time within a separation agreement. If there has been a material change in circumstances since you entered into the separation agreement, you can ask the court to modify the parts of that agreement that relate to your children. What constitutes a material change in circumstances? Material change is a high-hurdle and a question that requires case by case assessment. If you think there may have been a material change of circumstances in your case, it is best to speak with an experienced Maryland divorce attorney that can evaluate the facts of your case and render an opinion as to whether or not a material change has occurred.

Modifying Spousal Support Awards

Awards of spousal support or alimony are also modifiable, in some cases. The court is allowed to adjust the amount or duration of spousal support paid by one party in support of the other unless separation agreement:

• Expressly waives alimony or spousal support
• Specifically says its alimony or spousal support terms are not subject to modification

You and your divorce lawyer should carefully review the language of your separation agreement before filing a petition to modify your divorce agreement to ensure you didn’t give away your right to request a modification.

Modifying Property Settlement Agreements

Unfortunately, many people want to change the terms of their separation agreements when they no longer think the terms of the property settlement are fair. However, modifying a divorce or separation agreement after it is signed to change the terms of property division is difficult and often impossible. Whether or not you are able to change the terms of your agreement often depends on whether or not there is a valid contract in the first place. Assessing the validity of a contract requires you to evaluate specific circumstances that are outlined under Maryland contract law.

Assuming your separation agreement was valid when you signed it, a judge may modify your Agreement (which is a contract) if the contract was signed as a result of duress (must be extreme), fraud, mutual mistake, or other inequitable conduct.

Assuming your separation agreement was valid when you signed it, a judge may modify your Agreement (which is a contract) if the contract was signed as a result of duress (must be extreme), fraud, mutual mistake, or other inequitable conduct.

The chances of proving these requirements are slim, but under certain specific circumstances it is possible. Even when the shares of property awards heavily favor one party, the court could say you made a bad deal, but you must have had a good reason to do so. In most cases, the law will not protect you from giving away too much or getting too little and you will be stuck with what you signed, and unable to modify your divorce agreement.

How to Avoid Buyer’s Remorse in Signing a Separation Agreement

To avoid getting the short end of a separation agreement, it is important that both parties have an attorney review the agreement before it is signed. By meeting with a Maryland family lawyer first, you can better understand what you are entitled to under Maryland law, what you are getting under the separation agreement, and how that agreement will likely play out. Reviewing a separation agreement with an independent lawyer ahead of time can help you avoid buyer’s remorse, and keep you from scrambling to find a way to modify or invalidate it after the fact. While it is difficult to negotiate an agreement, it is much easier than trying to modify an agreement after the fact.

At the Law Office of Shelly M. Ingram, our divorce attorneys understand the importance of negotiating a fair separation agreement the first time. We will negotiate with your spouse or your spouse’s attorney to save you time, frustration, and possibly money later on. We also know when and how you can modify the custody and child support terms of a divorce agreement for your children’s benefit and will help you find a solution that works for you and your family. Contact us today to schedule a consultation with an attorney.

There are a variety of answers depending on the specific circumstances behind the ring. At the Law Office of Shelly M. Ingram, our attorneys and mediators have a goal to listen to you and help you to understand the various options.

What Makes a Gift Conditional?

If you give your fiancé an engagement ring and then you get married, the ring belongs to them as it was given as a gift.

A conditional gift is exactly what it sounds like: a gift with a condition. The condition is getting married.

However, sometimes it is not that simple. An engagement ring is typically a conditional gift. The word “gift” in the legal world has a very specific meaning. Essentially, you have to mean to give the gift for it to be called a gift. A conditional gift is exactly what it sounds like: a gift with a condition. The condition is getting married.

Exceptions to the General Law

There are a number of exceptions to the general law. If the ring was given on a holiday (for example Christmas), Valentine’s Day, on the receiver’s birthday, or some other holiday such celebratory event, then the courts may look upon the giving of the engagement ring as a gift but not as a conditional gift. In this scenario, the law does not necessarily require that the ring must be returned.

Or, what if you give your fiancé an engagement ring, but for whatever reason, the two of you never marry? In that case, you would likely have to give your fiancé the ring back as you did not fulfill the condition of keeping the ring by getting married.

Another example occurs when your fiancé gives you an engagement ring, but the wedding is called off and you decide to sell the ring. In that instance, under the law you would likely owe your fiancé the value of the ring.

In addition, scenario that comes about often is if you give your fiancé an engagement ring, get married and later in the marriage, you “upgrade” your rings and get a new engagement ring. That “new” engagement ring no longer the original conditional gift engagement ring. That would instead be marital property and the value would belong to both spouses.

However, if you trade in your original engagement ring to get the new ring, the value of the old ring is not marital; it is yours.

By way of example, if you trade in your old ring for $1,000.00 and purchase a new ring for $5,000.00. The result: $1,000.00 of the new ring is not marital, but $4,000.00 of the new ring is marital.

There are an endless variety of other situations that can arise out of engagement rings and other similar items. If you have additional questions or other scenarios that have occurred to you, our office offers in-person and virtual consultations and mediations using Zoom, Skype, Facetime, and telephone. Contact us today to schedule a consultation with one of our attorneys if you have additional questions or would like to discuss your options in more detail.

Money is one of the top causes of divorce in the U.S. Money problems usually mean you, your spouse, or both have accumulated enough debt that making the payments is straining the relationship. As you begin to negotiate how your divorce will be resolved, you may find yourself wondering, “Am I responsible for my spouse’s debts?”

This blog post will provide an overview of how Maryland divorce law handles different types of debt. It will cover credit cards, student loans, taxes, and what happens if your spouse files for bankruptcy after your divorce is final.

When Did Your Spouse’s Debt Happen?

The first step in determining whether you are responsible for your spouse’s debt is to look at when he or she accumulated it. Anything either party does before the marriage is considered pre-marital and is assigned to that party in the divorce. This might include the student loans your spouse has been paying off throughout your marriage, or the personal loan taken out to pay for the wedding. If a debt is pre-marital, you should not have to worry about being responsible for it. Credit cards, loans, and other debts either party took on during the marriage may require a little more investigation.

Whose Name is on the Debt?

Once you’ve drawn a line between pre-marital debt and debt incurred during the marriage, the next question is whose name is on each account. If both parties are named on the debt, then a creditor may be able to collect from both parties. You and your spouse may agree on who will make which payments, especially while your divorce or separation is pending, but if your spouse stops paying, you could still be on the hook for collections.

Maryland law addresses contractual debt accumulated during the marriage according to the contracts entered between the debtor(s) and the creditor. Because of contractual liabilities, one way some people are able to avoid being responsible for their spouses’ debt is to keep all debts in one name only. A Maryland family court judge will not reassign debt from one spouse to the other, so you may not be responsible for the individual debts, credit cards, mortgages, or medical bills that are only in your spouse’s name. Please keep in mind, in dividing marital property, the court will consider any debt associated with the property and if your spouse is responsible for the debt, then he or she may also have the right to maintain the related property.

Watch Out for Authorized Users

When a new divorce client steps into the Law Office of Shelly M. Ingram, some of the first questions we ask are: 1) Have you run your credit report? and 2) Is your spouse an authorized user on any of your credit accounts? It is quite common among married couples for the spouse with the better credit rating or pre-approved interest rate to sign up for a credit card or loan and add his or her spouse as an “Authorized User”. While the marriage is healthy, both spouses will use the card for household expenses, and often refer to it as the “family card” or even the “joint card”.

But legally speaking, an authorized user isn’t responsible for the balance of a credit account. Even though you might think that an account is shared between two spouses, and even if you each contributed to paying down the balance, your authorized-user spouse could rack up debt that only you would be liable for after the divorce. That’s one of the reasons it is so important to discuss all your assets and debts with your divorce attorney right away, so you can take steps to protect yourself and your credit during and after the divorce.

Was the Debt Connected to Marital Property?

The logic here is this: if a person is going to be stuck making payments on the car loan, appliance credit account, or furniture purchase, he or she may as well get the benefit of using the car, appliance, or furniture as well.

Maryland contract law may mean you won’t be responsible for your spouse’s debt, but it can also affect the property you receive in a divorce. If a debt in one spouse’s name is directly connected to a particular piece of property, that spouse is most likely going to receive the property as part of the divorce. The logic here is this: if a person is going to be stuck making payments on the car loan, appliance credit account, or furniture purchase, he or she may as well get the benefit of using the car, appliance, or furniture as well.

Can Your Spouse Affect Your Credit Score After Divorce?

The judgment of absolute divorce directs what is supposed to happen after a divorce is final. However, things do not always go according to plan before your divorce, or after the divorce is finalized. If your spouse falls behind on payments for your shared debts, it may affect your credit score. A low credit score or high debt to income ratio may make it harder for you to take out a loan, be approved for a mortgage, or even get a job (some employers look at your credit history in deciding to hire you).

This is one of many reasons why it is so important to monitor your credit both during, and after divorce. You may have options to repair your credit score or enforce your judgments, but if you aren’t regularly monitoring your credit during the separation and divorce process, you may not know that you need to implement these options until it is already too late. You are entitled to one free credit report per year from each of the three main credit reporting agencies. You can find a link to download your credit report for free from the Federal Trade Commission website on our resources page. By taking advantage of the information contained in your credit report, you can reduce the chance that you will be held responsible for credit card debts that you did not incur.

What if Your Spouse Files for Bankruptcy After Divorce?

In the most extreme financial circumstances, one spouse (or both) may face bankruptcy before or after the divorce is final. Bankruptcy can cause you to be held responsible for debts your spouse agreed to pay, even when the judgment of divorce says otherwise. If both spouses’ names are on a debt and your former spouse files for bankruptcy, the creditor or collections company may still try to collect the debt from you. If the debt is joint, you may end up paying all of the debt, including the part your spouse agreed to pay.

There may be language in your judgment of absolute divorce designed to address underpayments by your spouse or overpayments by you. However, this would require enforcement action. If your former spouse files for bankruptcy, it may be difficult to get him or her to pay you back or to indemnify you for debts he or she agreed to pay. It is important for you to talk to a divorce attorney (and maybe a bankruptcy attorney) about your entire financial situation before your divorce is final and as soon as possible upon learning that your former spouse has filed for bankruptcy. If it seems likely that one, or both, of you will need to file for bankruptcy, it may be better to do so before the divorce is final.

When money trouble is pushing you closer to divorce, the last thing you want to hear is that you may be responsible for your spouse’s debt. At the Law Office of Shelly M. Ingram, our divorce lawyers will work with you to help you understand what to expect in divorce and find a resolution you can live with. When creditors come calling after the divorce is final, we can help you enforce your judgment to make sure you don’t pay more than your equitable share. Contact us today to schedule a consultation with an attorney.

Sometimes your divorce happens as soon as your marriage is over. In other cases, you and your former spouse stay technically married, even while you live separate lives. Find out how a long separation can make your divorce more complicated, and how long after divorce you can remarry in Maryland.

This blog post will answer the question of how long after divorce can you remarry in Maryland, as well as explain issues that arise as part of lengthy separations, and how prenuptial agreements can protect second marriages.

Is There a Waiting Period to Remarry in Maryland?

The short answer to how long you have to wait after divorce to remarry in Maryland is easy. There is no waiting period. Technically, your judge could sign your judgment of absolute divorce in the morning and you could sign your marriage license that same afternoon.

However, you will remain married, with all the rights and obligations that attach to that status until the absolute divorce decree is entered. Even after your complaint for absolute divorce has been filed you are still married. If you and your new fiancee are trying to plan a wedding while you are still just separated from your current spouse, make sure you leave enough time to negotiate a settlement or take your case to trial. Otherwise, you may end up pushing back the date of your second wedding.

Why You Shouldn’t Wait Until You “Have” to Get Divorced

For some people, the legal divorce process is more intimidating than simply separating from their partners. In these cases, spouses can sometimes live as married but informally separated for years until one or the other needs to get divorced so they can remarry. However, a years-long separation can complicate your Maryland divorce proceedings.

In a Maryland divorce, all marital property will be equitably divided between the parties. “Marital property” means everything you or your spouse accumulated during the marriage -- from the date of the marriage until the decree of absolute divorce. That includes everything either of you acquired while you were separated.

Notably, Maryland is an “equitable distribution” state. That means your marital property won’t automatically be divided dollar-for-dollar down the middle. Instead, the court will do what is fair considering all the circumstances, including your lengthy separation. However, if you want to keep the property you accumulated during your separation, you and your divorce lawyer will need to establish the values of your property before and after your separation. Even then, if your spouse has not also been accumulating property, the court may not find it fair to award you everything after the date of separation.

There are a number of other reasons why it is better to divorce shortly after you separate. For example:

• Evidence of the value of marital assets will be easier to gather soon after separation
• Having a concrete parenting time order provides certainty
• Tax implications for parties married, but filing separately and claiming the children

What You May Want to Do Before Remarrying in Maryland

Just because your judgment of absolute divorce has been signed doesn’t always mean you should run straight to the altar, either. Beyond the emotional and sentimental reasons to wait, there is at least one legal reason to put on the brakes before you get remarried: the prenuptial agreement.

Divorcees have some of the strongest reasons to use a prenuptial agreement:

• To protect the inheritance of children from their first marriage
• To clarify separate property owned prior to remarrying
• To reduce the stress and expense if this second marriage also results in divorce

When you have already been through a divorce once, you understand the reality of the time, financial, and emotional cost involved. Rather than rushing to the courthouse or church to get remarried, take a moment with your new partner to consider what has come before, and to protect the children and property you bring with you into the new marriage.

At the Law Office of Shelly M. Ingram, our divorce lawyers understand that sometimes divorce doesn’t happen until you want to remarry. We know how to work through the complications of a lengthy separation, and can help you decide whether a prenuptial agreement is right for you in your second marriage. Contact us today to schedule a consultation with an attorney.

Starting a divorce raises questions about everything from who keeps the home to whether you can have visitation of your cat. Here are some of the top things to ask Maryland divorce lawyers about dividing property, and why you should ask the questions.

This blog post will discuss some of the most frequently asked questions for top Maryland divorce lawyers about how to divide property during a divorce. It will cover issues such as separating out non-marital property, equitable division of assets, and what factors the court will consider in calculating a monetary award.

Can You Keep the Home in Divorce?

When many couples separate, the first property-related question is “who gets to keep the home?” But when it comes to things to ask your divorce lawyer, the better question is, “can you afford to keep it?” Most families manage a family budget based on two incomes and shared household expenses. When the marriage breaks down and one spouse moves out, suddenly the person in the marital home faces all the same bills with less income. Your divorce attorney can help you review your budget, and what funds you can expect to receive from other sources, like child support or alimony.

Maryland law does provide some tools to help you keep the home, at least for a while. If you are the custodial parent of your children following the divorce, you may be awarded “use and possession” of the home for up to 3 years. In some cases, that award can include an order that your ex-spouse pay some or all of the expenses related to the home during that time. These “use and possession” orders give you time to find new income sources, or a new home, and make the transition easier on your children.

Will Your Spouse Get Your Retirement Account?

A retirement account is often the single most valuable asset in a divorce (often worth more than the house). That means you may be anxious about whether you will be able to retire if you get divorced. The thing to ask your divorce attorney isn’t always whether your spouse will get your retirement account, but how you can protect your plan to retire.

Your family law attorney can review your financial circumstances and help you find a solution that gives each spouse an equitable share of the property and still protects your investments.

Maryland is an “equitable distribution” state. That means that in every divorce, each spouse is entitled to his or her fair share of the property that belongs to the marriage. That includes the amount you contributed to your retirement account, and the increased value of that account over the time of your marriage. However, equitable division doesn’t automatically mean you must divide each asset in half. Your family law attorney can review your financial circumstances and help you find a solution that gives each spouse an equitable share of the property and still protects your investments.

What Will Happen to Your Pets?

In some cases, the family dog or cat can be as important as a child. In those cases, one of the top questions for your divorce lawyer may have nothing to do with dollars and cents, and may have everything to do with the sentimental bond between you and your animal.

What will happen to your pets is largely up to you and your former spouse. Maryland law treats animals like personal property. That means your favorite dog is legally no different from the kennel he sleeps in. While there are not laws specifically allowing a judge to order pet visitation, creative work with your divorce lawyer and your former spouse can sometimes protect everyone’s connection with the family cat.

In other cases, unfortunately, the question “what will happen to your pets” is more about safety than companionship. In cases of domestic partner violence, when a survivor leaves he or she may not be able to take the pets with them. If you find yourself in this situation, your Maryland divorce lawyer can help you get a protective order to shield you and your pets from abuse during the divorce process.

How and When Will Property Division Happen?

As negotiations over diving property come to a close, many people forget to ask their divorce attorneys how and when they will receive the property they are awarded. Depending on the type of property involved, this could be as simple as arranging a moving truck, or it could require a separate order from the court. Before the judgment of absolute divorce is final, be sure to talk to your lawyer about:

• When you will be able to move your personal belongings out of the home (and who will be there when you do)
• Who is responsible to close bank accounts and when to transfer funds to separate accounts
• How to refinance the home and remove your spouse’s name from the mortgage
• When to sign a deed removing your name from any real property
• How and when retirement assets will be divided, and whether a separate order will be needed to do so

Getting a divorce in Maryland isn’t as simple as walking in to court and walking out single. You and your lawyers will need to work together to put values on your assets, identify your priorities and goals, and find an equitable division you can live with. The first step in this process is open communication. You should never be afraid to ask your divorce lawyer questions about property division. At the Law Office of Shelly M. Ingram, our divorce lawyers work with clients every day, answering their property division questions and helping them move toward a new chapter of their lives. Contact us today to schedule a consultation with an attorney.