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Session Laws, 1978
Volume 736, Page 2310   View pdf image
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2310                                            LAWS OF MARYLAND                                    Ch. 794

(5) ANY OTHER FACTORS WHICH THE COURT MAY

CONSIDER NECESSARY OR APPROPRIATE IN ORDER TO ACHIEVE A FAIR

AND EQUITABLE ADJUSTMENT OF THE RIGHTS OF THE PARTIES

CONCERNING THE FAMILY HOME. ANY HARDSHIP IMPOSED UPON THE

SPOUSE WHOSE INTEREST IN THE FAMILY HOME IS INFRINGED UPON

BY A USE AND POSSESSION ORDER.

(B)    WHEN GRANTING A DIVORCE, LIMITED OR ABSOLUTE
DIVORCE, OR ANNULMENT, THE COURT MAY DETERMINE WHICH
PROPERTY IS THE FAMILY HOME AND FAMILY USE PERSONAL
PROPERTY.

(C)    (1) REGARDLESS OF HOW THE FAMILY HOME OR FAMILY
USE PERSONAL PROPERTY IS TITLED, OWNED, OR LEASED, THE COURT
MAY DECIDE THAT ONE OF THE PARTIES SHALL HAVE THE SOLE
CONTINUED POSSESSION AND USE OF THAT PROPERTY, OR IT MAY
DIVIDE THE POSSESSION AND USE OF THE PROPERTY BETWEEN THEM.

(2) THE COURT MAY ALSO ORDER EITHER OR BOTH OF

THE PARTIES TO PAY ALL OR ANY PART OF ANY MORTGAGE PAYMENTS

OR RENT, ALL OR ANY PART OF THE INDEBTEDNESS RELATED TO THE

PROPERTY, THE COST OF ANY MAINTENANCE, INSURANCE,

ASSESSMENTS AND TAXES, AND ANY OTHER SIMILAR EXPENSES IN

CONNECTION WITH THE PROPERTY.

(D)    THE COURT MAY MAKE A PRELIMINARY DETERMINATION OF
WHICH PROPERTY IS THE FAMILY HOME OR FAMILY USE PERSONAL
PROPERTY, AND MAY EXERCISE PENDENTE LITE THE POWERS OVER THE
FAMILY HOME AND FAMILY USE PERSONAL PROPERTY WHICH ARE
GRANTED IN THIS SECTION. THESE PRELIMINARY AND PENDENTE
LITE DETERMINATIONS ARE SUBJECT TO MODIFICATION DURING THE
PENDENCY OF THE PROCEEDING.

(E)    ANY PROVISION IN ANY TEMPORARY OR FINAL ORDER OR
DECREE CONCERNING THE FAMILY HOME OR FAMILY USE PERSONAL
PROPERTY IS SUBJECT TO THE TERMS AND CONDITIONS AND LIMITED
TO THE PERIOD OF TIME SPECIFIED BY THE COURT, AND IS SUBJECT
TO MODIFICATION OR DISSOLUTION BY THE COURT, AS THE
CIRCUMSTANCES AND JUSTICE MAY REQUIRE. HOWEVER, ANY SUCH

ORDER OR DECREE OR ANY MODIFICATION THEREOF CONCERNING THE

FAMILY HOME OR FAMILY USE PERSONAL PROPERTY SHALL BE MADE
FOR A TIME PERIOD NOT TO EXCEED 3 YEARS FROM THE DATE OF THE
GRANTING OF THE DIVORCE LIMITED OR ABSOLUTE DIVORCE, OR

ANNULMENT. NEVERTHELESS, IF THE PROVISION CONCERNING THE

FAMILY HOME OR FAMILY USE PERSONAL PROPERTY IS A PART OF AN

ORDER OR DECREE INCIDENT TO A DIVORCE A MENSA ET THORO, THE
PROVISION MAY NOT SUBSEQUENTLY BE EXTENDED FOR AN ADDITIONAL

PERIOD OF TIME AS PART OF AN ORDER OR DECREE INCIDENT TO A

DIVORCE A VINCULO.

(F) UPON THE TERMINATION OF A USE AND POSSESSION

AWARD ORDER OF THE FAMILY HOME OR FAMILY USE PERSONAL

PROPERTY, THE PROPERTY SHALL BE TREATED AS MARITAL PROPERTY

IF IT SO QUALIFIES, AND THE COURT SHALL CONSIDER THOSE

FACTORS IN SECTION 3-6A-05 IN ARRIVING AT A DIVISION OF THE

PROCEEDS OR VALUE OF THE PROPERTY. IF HOWEVER, THE FAMILY

HOME OR THE ITEM OF FAMILY USE PERSONAL PROPERTY WAS

 

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Session Laws, 1978
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