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No, Maryland is not a “community” property state. It is an “equitable
distribution” state.
Unlike “community” property, “equitable” does not mean “equal.”
Equitable is defined as fair and just under the facts of the particular
case. Therefore, the Court has discretion to evaluate each party’s needs
and entitlements.
When determining the equitable distribution of property upon divorce,
the Court must perform 3 steps: 1) identify the marital property, 2)
value the marital property, and 3) decide whether or not to grant a
monetary award and/or divide certain assets as an adjustment of the
equities and rights of the parties.
Although equitable does not mean equal, often the equal division of
assets in divorce is found to be the equitable result.
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