HARRY HUGHES, Governor                                    2079

property acquired jointly before the marriage, or
acquired by gift to or inheritance by the parties
jointly.

The Commission to Revise the Annotated Code also
notes, for consideration by the General Assembly, that
in the definition of "family home" the requirement as
to the time of acquisition of the property is set out
as an exclusion from the general definition; in the
definition of "family use personal property", the time
requirement appears in the general definition; and in
the definition of "marital property", the time
requirement appears both in the general definition and
as an exclusion from the general definition. The
General Assembly may wish to revise the definitions to
resolve these discrepancies.

Defined term: "Includes" § 1-101

8-202. OWNERSHIP OF PERSONAL AND REAL PROPERTY.

(A)  DETERMINATION OF OWNERSHIP.

(1)  WHEN THE COURT GRANTS AN ANNULMENT OR A
LIMITED OR ABSOLUTE DIVORCE, THE COURT MAY RESOLVE ANY DISPUTE
BETWEEN THE PARTIES WITH RESPECT TO THE OWNERSHIP OF PERSONAL
PROPERTY.

(2)  WHEN THE COURT GRANTS AN ANNULMENT OR AN ABSOLUTE
DIVORCE, THE COURT MAY RESOLVE ANY DISPUTE BETWEEN THE PARTIES
WITH RESPECT TO THE OWNERSHIP OF REAL PROPERTY.

(3)  THE COURT MAY NOT TRANSFER THE OWNERSHIP OF
PERSONAL OR REAL PROPERTY FROM 1 PARTY TO THE OTHER.

(B)  DECREE AND ORDER.

WHEN THE COURT DETERMINES THE OWNERSHIP OF PERSONAL OR REAL
PROPERTY, THE COURT MAY:

(1)  GRANT A DECREE THAT STATES WHAT THE OWNERSHIP
INTEREST OF EACH PARTY IS; AND

(2)  AS TO ANY PROPERTY OWNED BY BOTH OF THE PARTIES,
ORDER A PARTITION OR A SALE INSTEAD OF PARTITION AND A DIVISION
OF THE PROCEEDS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ §§ 3-6A-03
and 3-6A-04.

In subsection (b)(2) of this section, the phrase
"owned by both of the parties" is substituted for the
former term "jointly owned" to include in the statute
any property co-owned by the parties as opposed to
property owned individually by 1 party.