Do I have to sell my house in a 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

No, you do not necessarily have to sell your house in a Prince George’s County divorce. While the court has the power to order a sale if you and your spouse cannot agree, there are several other options available. These include one spouse buying out the other’s interest, an agreement to keep the home jointly for a period of time, or a court-ordered "Use and Possession" period that allows a parent to stay in the home with minor children for up to three years.

Key Details

Equitable Distribution: Fair, Not Equal

Maryland follows the rule of equitable distribution. This means that a judge in Prince George’s County will divide marital property in a way that is "fair," but not necessarily a 50/50 split. The court looks at many factors, such as how much each person earned, who took care of the kids, and each person’s current financial situation. Because the home is often the largest asset, the court tries to balance its value against other things like retirement accounts or cash.

Marital vs. Non-Marital Property

In Maryland, the court first decides what is "marital property." Generally, anything bought during the marriage is marital, regardless of whose name is on the deed (Maryland Code, Family Law § 8-201). However, if you owned the house before you got married, or if you inherited it, it might be "non-marital." Be careful: if you used marital income to pay the mortgage or used joint savings to renovate the kitchen, part of the home’s value could become marital, making it subject to division.

Options for the Family Home

1. The Buyout: One spouse keeps the house and pays the other spouse their share of the equity. This usually requires refinancing the mortgage to remove the other spouse's name.
2. Use and Possession Order: If you have minor children, a judge can grant one parent the right to live in the home for up to three years after the divorce (Maryland Code, Family Law § 8-208). This is meant to keep the children’s lives stable. The person staying in the house may be responsible for the mortgage, or the judge might order both parents to split the costs.
3. Selling and Splitting Proceeds: This is the most common outcome when neither spouse can afford to buy the other out or when there are no children. The house is sold, the mortgage and fees are paid, and the remaining cash is divided.
4. Co-Ownership: Spouses can agree to stay co-owners for a set time (e.g., until the kids graduate), but this is rare because it requires a high level of trust.

MD-Specific Laws

Relevant Statutes

• MD Code, Family Law § 8-201: Defines marital property. Even if only one name is on the title, real estate acquired during marriage is usually marital property.
• MD Code, Family Law § 8-205: Authorizes the court to grant a "monetary award" to balance the distribution of assets. If one person keeps the house, the judge may order them to pay a specific amount of money to the other person.
• MD Code, Family Law § 8-208: Governs the "Use and Possession" of the family home. The primary goal is the "best interests of the child."

Recent Changes to Grounds for Divorce

As of October 2023, Maryland law changed significantly (SB 36 / HB 14). You no longer need to prove "fault" like adultery or desertion to get a divorce. The new grounds are:

• 6-Month Separation: You must live separate and apart for six months. Crucially, you can now live in the same house but lead "separate lives" and still qualify.
• Irreconcilable Differences: You and your spouse simply cannot get along anymore.
• Mutual Consent: If you have a signed written agreement resolving all property (including the house) and child custody issues, you can get a divorce immediately.

Prince George's County Local Context

The Circuit Court

Divorce cases in Prince George’s County are heard at the Circuit Court for Prince George’s County, located in Upper Marlboro. The Family Division handles these cases. The court uses a "Differentiated Case Management" (DCM) plan, which means they assign your case a specific track based on how complicated it is. Cases involving a house sale are often put on the "Standard" or "Complex" track.

Local Fees and Mediation

• Filing Fee: The standard fee to file for divorce is approximately $165 for self-represented litigants or $175 if you have an attorney.
• Mediation: Prince George’s County courts strongly encourage Alternative Dispute Resolution (ADR). If you and your spouse disagree about the house, the court will likely order you to attend mediation to see if you can reach a settlement before a judge has to make the decision for you.
• Pro Se Help: The courthouse in Upper Marlboro has a Family Division Information and Referral Center (Room M0415) where you can get help with forms, though they cannot give legal advice.

What You Can Do Right Now

1. Get an Appraisal: You cannot decide whether to sell or buyout until you know what the house is worth. Hire a professional appraiser to get a "date of separation" or current market value.
2. Check the Mortgage: Contact your lender to see if the mortgage is "assumable" or if you would need to refinance. If you cannot qualify for a loan on your own, you might be forced to sell because you cannot remove your spouse from the debt.
3. Create an Inventory: Start filling out the "Joint Statement of Marital and Non-Marital Property." This is a required court document where you list all assets and their values.
4. Consult a Local Attorney: Because Prince George’s County has specific procedural rules, a lawyer who practices in Upper Marlboro can help you navigate the "Use and Possession" process to keep you in the home.
5. Gather Financial Records: Save copies of your mortgage statements, property tax bills, and records of any repairs or upgrades you paid for with your own non-marital money.