Jointly owned real property is almost always where the money is in divorce cases. For this reason, it is also the biggest contention in a divorce, especially if there are minor children involved.
In Maryland, the court will order the property to be sold UNLESS there are minor children involved, or if specifically requested in a Complaint or Counter-Complaint to have the court consider allowing one party to “buy-out” the other party’s interest in the home that they lived in during the marriage. If the parties jointly own rental property or vacations homes, the court can only order the parties to sell the property. However, if one party owns the property in his or her sole name, then the court CANNOT order the property to be sold.