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Session Laws, 1984
Volume 759, Page 2085   View pdf image
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HARRY HUGHES, Governor                                    2085

(2) THE COURT MAY EXERCISE THESE POWERS PENDENTE
LITE.

(B)  REQUIRED CONSIDERATIONS.

IN AWARDING THE POSSESSION AND USE OF THE FAMILY HOME AND
FAMILY USE PERSONAL PROPERTY, THE COURT SHALL CONSIDER EACH OF
THE FOLLOWING FACTORS:

(1)  THE BEST INTERESTS OF ANY CHILD;

(2)  THE INTEREST OF EACH PARTY IN CONTINUING:

(I)  TO USE THE FAMILY USE PERSONAL PROPERTY OR
ANY PART OF IT, OR TO OCCUPY OR USE THE FAMILY HOME OR ANY PART
OF IT AS A DWELLING PLACE;

(II)  TO USE THE FAMILY USE PERSONAL PROPERTY OR
ANY PART OF IT, OR TO OCCUPY OR USE THE FAMILY HOME OR ANY PART
OF IT FOR THE PRODUCTION OF INCOME; AND

(3)  ANY HARDSHIP IMPOSED ON THE PARTY WHOSE INTEREST
IN THE FAMILY HOME OR FAMILY USE PERSONAL PROPERTY IS INFRINGED
ON BY AN ORDER ISSUED UNDER §§ 8-207 THROUGH 8-213 OF THIS
SUBTITLE.

(C)  ALLOCATION OF FINANCIAL RESPONSIBILITIES.

THE COURT MAY ORDER OR DECREE THAT EITHER OR BOTH OF THE
PARTIES PAY ALL OR ANY PART OF:

(1)  ANY MORTGAGE PAYMENTS OR RENT;

(2)  ANY INDEBTEDNESS THAT IS RELATED TO THE PROPERTY;

(3)  THE COST OF MAINTENANCE, INSURANCE, ASSESSMENTS,
AND TAXES; OR

(4)  ANY SIMILAR EXPENSES IN CONNECTION WITH THE
PROPERTY.

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

In subsection (b)(2)(i) and (ii) of this subsection,
the phrase "or any part of it", following "family use
personal property", is new language added for clarity.
This addition is called to the attention of the
General Assembly.

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

 

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Session Laws, 1984
Volume 759, Page 2085   View pdf image
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