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 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.