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Property distribution in divorce

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In a divorce, people often disagree about property distribution — who is entitled to what? There are two types of property considered in divorce: marital property and non-marital property (Maryland), or marital property and separate property (DC).

Marital property is property acquired by one or both of the parties during the marriage. In Maryland, non-marital property includes property acquired before the marriage, property acquired by inheritance or gift from a third party, property excluded by valid agreement, or property that is directly traceable to these sources.

In DC, separate property includes property acquired prior to marriage or domestic partnership, property acquired during marriage or domestic partnership by inheritance or gift, value growth on the foregoing, or property acquired in exchange of the foregoing.

The court divides marital property equitably after consideration of a number of factors. Lerch Early attorneys help people reach, and enforce agreements and court orders dividing property.

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