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Session Laws, 1984
Volume 759, Page 2076   View pdf image
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2076                                             LAWS OF MARYLAND                                        Ch. 296

The defined term is changed from "minor child" to
"child" in light of the inclusion of children who are
not minors.

In item (2) of this subsection, the term "infirmity"
is substituted for the former term "disability" to
conform to the language used throughout this article.

The only other changes are in style.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that it is
unclear whether a son or daughter who becomes
dependent on a parent due to a subsequent mental or
physical infirmity after having become emancipated is
a "child" for purposes of this subtitle.

The Commission to Revise the Annotated Code calls the
attention of the General Assembly to the fact that the
Court of Appeals held, in Bledsoe v. Bledsoe, 294 Md.
184 (1982), that the statute does not include
stepchildren within its scope.

(C) FAMILY HOME.

(1)   "FAMILY HOME" MEANS THE PROPERTY IN THIS STATE
THAT:

(I)  WAS USED AS THE PRINCIPAL RESIDENCE OF THE
PARTIES WHEN THEY LIVED TOGETHER;

(II)   IS OWNED OR LEASED BY 1 OR BOTH OF THE
PARTIES AT THE TIME OF THE PROCEEDING; AND

(III)   IS BEING USED OR WILL BE USED AS A
PRINCIPAL RESIDENCE BY 1 OR BOTH OF THE PARTIES AND A CHILD.

(2)   "FAMILY HOME" DOES NOT INCLUDE PROPERTY:

(I)  ACQUIRED BEFORE THE MARRIAGE;

(II)  ACQUIRED BY INHERITANCE OR GIFT FROM A
THIRD PARTY; OR

(III)  EXCLUDED BY VALID AGREEMENT.

REVISOR'S NOTE: This subsection formerly appeared as CJ §
3-6A-01(b).

In paragraph (l)(ii) and (iii) of this subsection, the
phrase "1 or both" is substituted for the former
phrase "at least one" to conform to the language used
throughout this subtitle.

The only other changes are in style.

 

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Session Laws, 1984
Volume 759, Page 2076   View pdf image
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