Trusted Annapolis Lawyers Fighting For Fair Division Of Property

Last updated on June 9, 2026

When one household is divided into two, people feel insecure. Each side fears being impoverished by the division of property, which splits marital assets into two fair and equitable parcels. The lawyer you choose to work with can make a big difference. Property division requires great professionalism, great skill and great consideration.

These are the qualities our attorneys exemplify at Reinstein, Glackin & Herriott, LLC.

Understanding Maryland Property Division Law

Maryland property division law distinguishes between marital and separate property. Marital property includes all earnings acquired during the marriage and all property obtained with those earnings. It also includes marital debt. Separate property is all assets acquired before the marriage. It would include gifts and inheritances granted to one spouse only, and property bought with premarital or nonmarital funds.

Our firm is respected for its excellence in managing a host of property division issues, including:

• Home and real estate: We handle the marital home, vacation homes or other properties, deciding whether to sell or assign ownership.
• Business or professional practice: We value and divide businesses or professional practices, like medical or law offices.
• Retirement plans and pensions: We split 401(k)s, IRAs, and pensions (federal or military).
• Investments and financial accounts: We divide stocks, bonds and bank accounts, ensuring fair value and tax planning.
• Personal property and collections: We split valuable items like art, jewelry, or collectibles, which may need appraisals.
• Marital debt: We assign shared debts, like mortgages or credit card balances, to keep responsibilities fair.

By helping you manage these assets and debts, we facilitate an equitable division that maximizes your financial benefits.

Property Division By Court Action Versus Property Division By Agreement

In Maryland, property division during divorce is governed by the Marital Property Act, codified in Maryland Code, Family Law § 8-201 through § 8-213.

When spouses are unable to reach a mutual agreement, the court must follow statutory guidelines to determine how marital property should be equitably distributed. This process does not necessarily result in a 50/50 split. Instead, the court considers various factors to promote a fair outcome based on the circumstances of each case.

When the court divides property under the Marital Property Act, it must:

• Identify which assets qualify as marital property
• Determine the value of each marital asset
• Consider factors such as the duration of the marriage, each spouse’s financial and nonfinancial contributions, and the circumstances leading to the divorce
• Issue a monetary award or transfer ownership of certain assets to achieve equitable distribution

This court-driven process can be time-consuming and may result in outcomes that neither party finds ideal. It also limits the parties’ control over how their assets are divided.

In contrast, spouses who reach a mutual agreement have significantly more flexibility in dividing their property. Maryland law encourages settlement and allows couples to craft their own terms, provided the agreement is fair and does not violate public policy. These agreements may be formalized through a separation agreement or incorporated into the final divorce decree.

When spouses divide property by agreement, they can:

• Decide how to allocate assets and debts without court intervention
• Preserve privacy by avoiding detailed financial disclosures in open court
• Tailor asset division to reflect personal priorities, such as keeping a family home or preserving retirement accounts
• Avoid the uncertainty and expense of litigation

Choosing to divide property by agreement allows couples to maintain greater control over the outcome and often leads to more amicable resolutions. However, it is essential to make certain that any agreement reached complies with Maryland law and is properly documented to avoid future disputes.

Our Annapolis property division attorneys can guide you toward a fair agreement while helping ensure it complies with state law.

The Importance Of Tracing In Asset Division

Asset tracing is key in complex or high-value divorces. Our attorneys carefully track where assets came from to decide if they’re marital or separate. For instance, if one spouse says a shared investment account came from premarital money, we check financial records to confirm this. This process prevents disputes over valuable assets, like real estate or retirement accounts. It also uncovers hidden assets, ensuring no one unfairly benefits from the division. As a result, accurate tracing ensures a fair and clear division, following Maryland law.

How Child Custody Impacts Property Division

Child custody can affect how assets are divided. Courts focus on what’s best for the children, especially when it comes to the family home. For example, the parent with primary custody might keep the home to provide stability for the kids. This choice may change how other assets, like savings or investments, are split to keep things fair. Custody costs, like child support, can also reduce available funds. Our Annapolis property division lawyers work hard to balance these factors, ensuring a fair outcome that supports the children’s needs and both parents’ financial stability.

Looking For An Equitable Distribution Of Property With Positive Tax Advantages?

Contact our team at Reinstein, Glackin & Herriott, LLC, by calling our Annapolis office at 301-850-7349. Conveniently located at the intersection of Routes 50 and 301/3.