Is Maryland a community property state?

1. Dividing property at divorce

   After identifying and valuing marital property, the court may transfer certain property interests, grant a monetary award, or both, to adjust the equities and rights of the spouses.^[1]

   “the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.”^[1]

   Md. Code, Family Law § 8-205(a)(1) · checked October 26, 2026

2. Marital property

   Marital property is property acquired by one or both spouses during the marriage, however titled, plus real property held as tenants by the entirety.^[2]

   “(1) “Marital property” means the property, however titled, acquired by 1 or both parties during the marriage.”^[2]

   Md. Code, Family Law § 8-201(e)(1) · checked October 26, 2026

3. Nonmarital property

   Not marital property: property acquired before marriage, by inheritance or gift from a third party, excluded by valid agreement, or directly traceable to those sources.^[2]

   “(3) Except as provided in paragraph (2) of this subsection, “marital property” does not include property: (i) acquired before the marriage; (ii) acquired by inheritance or gift from a third party; (iii) excluded by valid agreement; or (iv) directly traceable to any of these sources.”^[2]

   Md. Code, Family Law § 8-201(e)(3) · checked October 26, 2026

Not legal advice. Plain-English summaries of Maryland’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Maryland.