Marital vs. Nonmarital Property in Maryland

By the FigureMyTax Editorial Team · How we calculate

In Maryland, marital property is property acquired during the marriage, however titled, except property acquired before the marriage, by inheritance or gift from a third party, excluded by valid agreement, or directly traceable to those sources.

What is marital property

“Marital property” means the property, however titled, acquired by one or both parties during the marriage. It includes any interest in real property held as tenants by the entirety unless excluded by valid agreement. It does not include property acquired before the marriage, acquired by inheritance or gift from a third party, excluded by valid agreement, or directly traceable to any of these sources (Family Law § 8-201(e)).

Titles do not decide

Because marital property is defined “however titled,” an account in one spouse’s name is marital if acquired during the marriage, and a premarital asset stays nonmarital even if the other spouse’s name was added, unless it was transformed into marital property.

Directly traceable

Property bought with nonmarital funds, or that grew from a nonmarital asset, can remain nonmarital if you can trace it directly to the nonmarital source. Keep statements that show the trail, and avoid mixing funds.

Gifts from the spouse

The exclusion covers inheritances and gifts from a third party. A gift from your spouse is not on the list.

Contributions to entireties property

A party’s contribution of nonmarital property toward real property held as tenants by the entirety is one of the factors for the monetary award, so nonmarital money put into the family home is not ignored.

Keeping the right paperwork

Keep inherited and premarital funds in accounts in your name alone, avoid mixing them with marital funds, and keep the gift and inheritance documents.

In the calculator

The Maryland property division calculator keeps each spouse’s nonmarital property out of the division.

Frequently asked questions

What is nonmarital property in Maryland?

Property acquired before the marriage, by inheritance or gift from a third party, excluded by valid agreement, or directly traceable to those sources.

Is property titled in one name marital in Maryland?

Yes, if acquired during the marriage, because the definition says however titled.

Is a gift from my spouse nonmarital in Maryland?

The exclusion is for gifts from a third party, so a gift from the spouse is not on the list.

What does directly traceable mean in Maryland?

Property that can be traced directly to premarital property, an inheritance, a third-party gift or an excluded source, so it keeps that character.

Is the family home marital property in Maryland?

If acquired during the marriage, yes; real property held as tenants by the entirety is included unless excluded by agreement.

Official sources

Going through a divorce or custody case in Maryland?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Maryland attorney

This is general information, not legal advice. It is based on the cited Maryland statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maryland attorney.