Can the court order one spouse to transfer marital property to the other spouse?

By Vince Wills and Christina DeVault
March 13, 2018
Can the court order one spouse to transfer marital property to the other spouse?

If property is titled only in the name of one spouse, then generally a court cannot order one spouse to transfer the property to the other spouse. However there are three exceptions, a court can transfer an interest in a pension, retirement account or other type of deferred compensation from one spouse to the other. A court can transfer title to real property that is jointly owned by the parties and used as their principal residence. And third, a court can transfer family used personal property from one spouse to the other. Family used personal property is personal property such as furniture or a car that is owned by one or both spouses, and used primarily for the children. A court can also order the sale of jointly owned property and divide the proceeds equally.

Vince Wills and Christina DeVault are divorce attorneys from Dragga, Hannon & Wills in Rockville, Maryland. A Fellow of the prestigious American Academy of Matrimonial Lawyers, Vince has co-authored numerous published articles on family law topics. Super Lawyers has named him as a top attorney for Maryland and the Washington Metropolitan area. Christina’s practice includes representing clients at all stages of family law, helping her clients make important decisions with confidence. To learn more about Vince and Christina, visit

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March 13, 2018
Categories:  Financial Issues|FAQs

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