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Rule 9-207 – JOINT STATEMENT OF MARITAL AND NON-MARITAL PROPERTY

May 13, 2021 | Family Law, Maryland

(a) When Required. When a monetary award or other relief pursuant to Code, Family Law Article, § 8-205 is an issue, the parties shall file a joint statement listing all property owned by one or both of them.
(b) Form of Property Statement. The joint statement shall be in substantially the following form:

JOINT STATEMENT OF PARTIES CONCERNING MARITAL AND NON-MARITAL PROPERTY

1. The parties agree that the following property is “marital property as defined by Maryland Annotated Code, Family Law Article, § 8-201:

Description of Property

How Titled

Fair Market

Value

Liens, Encumbrances, or Debt Directly Attributable

Spouse 1 Assertion

Spouse 2 Assertion

Spouse 1 Assertion

Spouse 2 Assertion

Spouse 1 Assertion

Spouse 2 Assertion
2. The parties agree that the following property is not marital property because the property (a) was acquired by one party before marriage, (b) was acquired by one party by inheritance or gift from a third person, (c) has been excluded by valid agreement, or (d) is directly traceable to any of those sources:

Description of Property

How Titled

Fair Market

Value

Liens, Encumbrances, or Debt Directly Attributable

Spouse 1 Assertion

Spouse 2 Assertion

Spouse 1 Assertion

Spouse 2 Assertion

 Spouse 1 Assertion

Spouse 2 Assertion
3. The parties are not in agreement as to whether the following property is marital or non-marital:

Description of Property

How Titled

Fair Market

Value

Liens, Encumbrances, or Debt Directly Attributable

Spouse 1 Assertion

Spouse 2 Assertion

Spouse 1 Assertion

Spouse 2 Assertion

Spouse 1 Assertion

Spouse 2 Assertion

Date

Plaintiff or Attorney

Date

Defendant or Attorney

INSTRUCTIONS:

1. If the parties do not agree about the title or value of any property, the parties shall set forth in the appropriate column a statement that the title or value is in dispute and each party’s assertion as to how the property is titled or the fair market value.
2. In listing property that the parties agree is non-marital because the property is directly traceable to any of the listed sources of non-marital property, the parties shall specify the source to which the property is traceable.
(c) Time for Filing; Procedure. The joint statement shall be filed at least ten days before the scheduled trial date or by any earlier date fixed by the court. At least 30 days before the joint statement is due to be filed, each party shall prepare and serve on the other party a proposed statement in the form set forth in section (b) of this Rule. At least 15 days before the joint statement is due, the plaintiff shall sign and serve on the defendant for approval and signature a proposed joint statement that fairly reflects the positions of the parties. The defendant shall timely file the joint statement, which shall be signed by the defendant or shall be accompanied by a written statement of the specific reasons why the defendant did not sign.
(d) Sanctions. If a party fails to comply with this Rule, the court, on motion or on its own initiative, may enter any orders in regard to the noncompliance that are just, including:

(1) an order that property shall be classified as marital or non-marital in accordance with the statement filed by the complying party;
(2) an order refusing to allow the noncomplying party to oppose designated assertions on the complying party’s statement filed pursuant to this Rule, or prohibiting the noncomplying party from introducing designated matters in evidence.

Instead of or in addition to any order, the court, after opportunity for hearing, shall require the noncomplying party or the attorney advising the noncompliance or both of them to pay the reasonable expenses, including attorney’s fees, caused by the noncompliance, unless the court finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

Md. Fam. Law. Actions. 9-207

This Rule is derived from former Rule S74.

Adopted March 5, 2001, effective July 1, 2001. Amended March 2, 2015, eff. March 15, 2015.

HISTORICAL NOTES

2000 Orders

The June 6, 2000, order changed categories of matters that are referred to a standing master as of course, added a requirement of agreement of the parties to referral of other matters to a standing master for domestic relations causes, incorporated in the rule provisions for Rule 2-451, required the master to refer certain contempt proceedings to judge for a de novo hearing, allowed a master to issue supplementary reports and recommendations, changed the periods of time within which exceptions may be filed, made changes concerning the ordering of transcripts when exceptions are filed, deleted a provision concerning written proffers of evidence, and made other stylistic changes.

The Court of Appeals issued three rules orders on June 6, 2000. One order, effective July 1, 2000, and January 1, 2001, amended Rules 16-803 through 16-810 and Bar Rule 17. Another order, effective October 1, 2000, amended Rules 1-325, 2-541, 9-207, 15-206, and 16-814. The third order did not amend any rules.

2015 Orders

The March 2, 2015 order replaced references to “Husband” and “Wife” with “Spouse 1” and “Spouse 2.”

Derivation:

Rule 9-206, adopted as Maryland Rule of Procedure S74, March 3, 1987, eff. July 1, 1987, transferred to Rule 9-206, June 5, 1996, eff. Jan. 1, 1997, amended June 5, 1996, eff. Jan. 1, 1997, related to joint statements of marital and non-marital property, rescinded March 5, 2001, eff. July 1, 2001.

Prior Rules:

Rule 9-207, adopted as Maryland Rule of Procedure S74A, adopted June 4, 1991, eff. July 1, 1991, transferred to Rule 9-207, June 5, 1996, eff. Jan. 1, 1997, amended June 5, 1996, eff. Jan. 1, 1997; June 6, 2000, eff. Oct. 1, 2000, related to referral of matters to masters, rescinded March 5, 2001, eff. July 1, 2001. See Md. Rule 9-208.

The Joint Statement of Marital and Non-Marital Property is not intended as a substitute for discovery in domestic relations cases.