2084

LAWS OF MARYLAND

Ch. 296

(1)  BEFORE THE COURT GRANTS AN ANNULMENT OR A LIMITED
OR ABSOLUTE DIVORCE; OR

(2)  WHEN THE COURT GRANTS AN ANNULMENT OR A LIMITED
OR ABSOLUTE DIVORCE.

(B)  MODIFICATION.

A PRELIMINARY OR PENDENTE LITE DETERMINATION IS SUBJECT TO
MODIFICATION DURING THE PENDENCY OF THE PROCEEDING.

(C)  CERTAIN PROPERTY TO BE TREATED AS MARITAL PROPERTY.

IF THE COURT DETERMINES THAT THERE IS NO NEED FOR AN ORDER
OR DECREE ISSUED UNDER THIS SECTION REGARDING THE FAMILY HOME OR
ALL OR ANY PART OF FAMILY USE PERSONAL PROPERTY, THE PROPERTY
SHALL BE TREATED AS MARITAL PROPERTY IF IT OTHERWISE WOULD HAVE
BEEN TREATED AS MARITAL PROPERTY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ §
3-6A-06(b), (g), and the first clause of the first
sentence and the entire second sentence of (d).

In subsection (a)(1) of this section, the phrase
"before granting of an annulment or a limited or
absolute divorce" is substituted for the former phrase
"preliminary determination", for clarity.

In subsection (c) of this section, the phrase "or
decree" is added for clarity.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that it is not
clear whether a "preliminary determination" is
different from a "pendente lite determination".

Defined terms: "Family home" § 8-201
"Family use personal property" § 8-201
"Marital property" § 8-201

8-208. SAME -- AWARD OF POSSESSION AND USE; STANDARDS; ORDER OR
DECREE; ALLOCATION OF FINANCIAL RESPONSIBILITIES.

(A) AWARD OF POSSESSION AND USE.

(1) WHEN THE COURT GRANTS AN ANNULMENT OR A LIMITED
OR ABSOLUTE DIVORCE, REGARDLESS OF HOW THE FAMILY HOME OR FAMILY
USE PERSONAL PROPERTY IS TITLED, OWNED, OR LEASED, THE COURT MAY:

(I) DECIDE THAT 1 OF THE PARTIES SHALL HAVE THE
SOLE POSSESSION AND USE OF THAT PROPERTY; OR

(II) DIVIDE THE POSSESSION AND USE OF THE
PROPERTY BETWEEN THE PARTIES.