Case Analysis : ' Brown V. Brown '

907 Words Dec 18th, 2015 4 Pages
Wife avers that the court abused its discretion by failing to permit Wife to enter evidence regarding Husband’s assets between the time when the court granted the divorce and 90 days thereafter. When a party to a divorce proceeding seeks a marital property award, the trial court must undertake a three-step process which may culminate in a monetary award. . . . First, for each disputed item of property, the court must determine whether it is marital or nonmarital. . . . Second, the court must determine the value of all marital property. . . . Third, the court must decide if the division of marital property according to title would be unfair. If so, the chancellor may make a monetary award to rectify any inequity created by way in which property acquired during marriage happened to be titled.

Brown v. Brown, 195 Md. App. 72, 109-10 (2010) (emphases, quotations, and citations omitted). Notably, the court may only transfer ownership of marital property or make a monetary award “after the court determines which property is marital property, and the value of the marital property.” Md. Code (1984, 2012 Repl. Vol., 2015 Suppl.), § 8-205(a) of the Family Law Article (“FL”). With respect to determining the value of marital property, the Maryland Code provides:
(a) Time of court action. – In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is martial…
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