2078

LAWS OF MARYLAND

Ch. 296

The Commission to Revise the Annotated Code also
notes, for consideration by the General Assembly, that
the "family home" may be property that is owned or
leased, but that by definition, "family use personal
property" is only property that is owned. The General
Assembly may wish to address this discrepancy.

Defined term: "includes" § 1-101

(E) MARITAL PROPERTY.

(1)   "MARITAL PROPERTY" MEANS THE PROPERTY, HOWEVER
TITLED, ACQUIRED BY 1 OR BOTH PARTIES DURING THE MARRIAGE.

(2)   "MARITAL PROPERTY" DOES NOT INCLUDE PROPERTY:

(I)  ACQUIRED BEFORE THE MARRIAGE;

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

SOURCES.

(III)  EXCLUDED BY VALID AGREEMENT; OR

(IV)  DIRECTLY TRACEABLE TO ANY OF THESE

REVISOR'S NOTE: This
3-6A-01(e).

subsection formerly appeared as CJ §

In paragraph (1) of this subsection, the phrase "1 or
both" is substituted for the former phrase "either or
both" to conform to the language used throughout this
subtitle.

The only other changes are in style.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that although
the definition of "marital property" contains an
express exclusion of property that is directly
traceable to the other sources excluded from the
definition, the definitions of "family home" and
"family use personal property" do not contain a
comparable exclusion. The General Assembly may wish
to consider incorporating the traceability exclusion
in the definitions of "family home" and "family use
personal property".

The Commission to Revise the Annotated Code also
notes, for consideration by the General Assembly, that
the definitions of "family home", "family use personal
property", and "marital property" exclude property
that was acquired before the marriage or acquired by
inheritance or gift from a third party. The
definitions are unclear, however, as to the status of