2080                                        LAWS OF MARYLAND                                    Ch. 296

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
Commission interprets this section broadly to include
all property co-owned by the parties, as opposed to
property owned individually by 1 party. Joint
ownership is a technical legal concept that excludes
other forms of co-ownership such as tenancy in common.
The concept of joint ownership may be inapplicable to
ownership of personal property. The General Assembly
may wish to reaffirm the Commission's interpretation.

The Commission to Revise the Annotated Code also
notes, for consideration by the General Assembly, that
it is unclear whether the court has the power to grant
a decree stating each party's ownership interest and
to order a partition or sale instead of partition and
a division of the proceeds if there is no dispute
between the parties concerning the ownership of
property.

8-203. MARITAL PROPERTY -- DETERMINATION.

(A)  DETERMINATION OF MARITAL PROPERTY.

IN A PROCEEDING FOR AN ANNULMENT OR AN ABSOLUTE DIVORCE, IF
THE MARITAL CHARACTER OF ANY PROPERTY AT ISSUE THERE IS A
DISPUTE AS TO WHETHER CERTAIN PROPERTY IS MARITAL PROPERTY, THE
COURT SHALL DETERMINE WHICH PROPERTY IS MARITAL PROPERTY:

(1)  WHEN THE COURT GRANTS AN ANNULMENT OR AN ABSOLUTE
DIVORCE;

(2)  WITHIN 90 DAYS AFTER THE COURT GRANTS AN
ANNULMENT OR DIVORCE, IF THE COURT EXPRESSLY RESERVES IN THE
ANNULMENT OR DIVORCE DECREE THE POWER TO MAKE THE DETERMINATION;
OR

(3)  AFTER THE 90-DAY PERIOD IF:

(I)  THE COURT EXPRESSLY RESERVES IN THE
ANNULMENT OR DIVORCE DECREE THE POWER TO MAKE THE DETERMINATION;

(II)  DURING THE 90-DAY PERIOD, THE COURT
EXTENDS THE TIME FOR MAKING THE DETERMINATION; AND

(III)  THE PARTIES CONSENT TO THE EXTENSION.

(B)  CONSIDERATION OF MILITARY PENSION.

IN THIS SUBTITLE, A MILITARY PENSION SHALL BE CONSIDERED IN
THE SAME MANNER AS ANY OTHER PENSION OR RETIREMENT BENEFIT.

(C) EXCLUSION OF FAMILY HOME AND FAMILY USE PERSONAL
PROPERTY.