HARRY HUGHES, Governor

2615

FOR the purpose of providing for the extension of the time
within which the court in certain divorce and annulment
proceedings shall make certain determinations as to
marital property; providing for the applicability of
this Act to certain proceedings; and making this Act an
emergency measure.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-6A-05(a)

Annotated Code of Maryland

(1980 Replacement Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article - Courts and Judicial Proceedings

3-6A-05.

(a) (1) In granting an absolute divorce or annulment,
or at any time within 90 days thereafter, if in its decree
granting the divorce or annulment the court has expressly
reserved the power to do so, the court shall determine which
property is marital property if the division of property is
an issue. IF THE COURT HAS RESERVED THE POWER TO MAKE THE
DETERMINATION, THE COURT MAY WITHIN THE TIME RESERVED
FURTHER EXTEND THE TIME FOR MAKING THE DETERMINATION WITH
THE CONSENT OF THE PARTIES.

(2) Family use personal property or the family
home shall not be considered marital property so long as it
is the subject of a use and possession order.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall apply to all divorce and annulment proceedings pending
before the court in which a determination under this Act has
not been made as of January 1, 1982 the date of the
enactment of this Act.

SECTION 3. AMD BE IT FURTHER ENACTED, That this Act is
hereby declared to be an emergency measure and necessary for
the immediate preservation of the public health and safety
and having been passed by a yea and nay vote supported by
three-fifths of all the members elected to each of the two
Houses of the General Assembly, the same shall take effect
from the date of its passage.

Approved May 20, 1982.