How do I sell my house during divorce in Prince George's County?

If you own a house in Prince George's County, MD and you are dealing with divorce, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Prince George's County and how sales are handled in MD, not generic national advice.

Direct Answer

To sell your house during a divorce in Prince George’s County, you can either reach a voluntary agreement with your spouse or ask the court to order a sale if you cannot agree. Because Maryland follows "equitable distribution" laws, the house is considered marital property, and the proceeds from a sale must be divided fairly based on each spouse’s contributions and financial needs.

Key Details

Selling a home during a divorce is often the largest financial decision a couple will make. In Prince George’s County, there are three primary ways to handle the marital home:

1. Selling by Mutual Agreement

Most couples choose to sell the home and split the profit. This is often the cleanest way to separate finances. You and your spouse will hire a real estate agent, agree on a listing price, and decide how to split the money after the mortgage and closing costs are paid. To protect both people, many attorneys recommend filing a "written stipulation" with the court. This legal document locks in the plan so neither spouse can suddenly refuse to sign the final sale papers.

2. One Spouse Buys Out the Other

If one person wants to stay in the house, they can "buy out" the other spouse’s share of the equity. Equity is the home’s current value minus the remaining mortgage balance. To do this, the spouse staying usually needs to refinance the mortgage into their own name to remove the other spouse’s legal responsibility for the debt. As of 2025, some Maryland lenders may allow a "loan assumption," which lets one person take over the existing mortgage without a full refinance, though this depends on the bank's rules.

3. Court-Ordered Sale

If you and your spouse cannot agree, a judge at the Prince George’s County Circuit Court can order a "Sale in Lieu of Partition." Under Maryland Code, Family Law § 8-202, the court can appoint a person called a "trustee" to sell the house. This is generally the least desirable option because trustees and additional legal fees can eat into your profits, and the house might sell for less than its full market value.

MD-Specific Laws

Maryland law has specific rules that govern how property is handled during a divorce.

Equitable Distribution

Maryland is an equitable distribution state, not a community property state. According to Maryland Code, Family Law § 8-205, the court does not have to split the house 50/50. Instead, it looks at what is fair. The court uses a three-step process:

1. Identify: Determine what is "marital property" (usually anything bought during the marriage).
2. Value: Determine how much the property is worth.
3. Distribute: Decide how to divide the value based on 11 factors, including how long the marriage lasted, the health of the spouses, and why the divorce is happening.

Use and Possession Orders

If you have minor children, a judge can grant one parent "use and possession" of the home for up to three years after the divorce is final under Maryland Code, Family Law § 8-208. This allows the children to stay in a familiar environment. During this time, the court will decide who pays the mortgage and insurance. The house is typically sold after this period ends.

Residency Requirements

To file for divorce in Maryland, at least one spouse must be a resident. If the reason for the divorce happened outside of Maryland, one spouse must have lived in the state for at least six months before filing.

Prince George's County Local Context

In Prince George’s County, all divorce cases are handled by the Circuit Court for Prince George's County, located in Upper Marlboro.

• Location: 14735 Main Street, Upper Marlboro, MD 20772.
• Filing Fees: The cost to file for divorce is generally around $165 to $175.
• Required Forms: If you cannot agree on the house, you must both complete form CC-DR-033, the "Joint Statement of the Parties Concerning Marital and Non-marital Property." This form tells the judge what you own and what you think the house is worth.
• Mediation: Prince George's County often requires couples to attend mediation. This is a meeting with a neutral person who helps you try to reach an agreement about the house before you see a judge.

What You Can Do Right Now

1. Gather Documents: Find your original purchase contract, recent mortgage statements, and any records of home improvements paid for with separate (non-marital) money.
2. Get an Appraisal: Hire a professional appraiser to find out what the house is actually worth today. Do not rely on website estimates like Zillow for legal purposes.
3. Consult a Local Attorney: Property laws in Maryland are complex. A lawyer can help you file a "Complaint for Absolute Divorce" (Form CC-DR-020) and protect your share of the home’s equity.
4. Check the Deed: Confirm how the title is held. Most married couples in MD hold property as "tenants by the entirety," which means neither can sell without the other’s consent.