HARRY HUGHES, Governor

2087

SUBJECT TO THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION,
IN ANY ORDER OR DECREE, OR ANY MODIFICATION OF AN ORDER OR
DECREE, A PROVISION THAT CONCERNS THE FAMILY HOME OR FAMILY USE
PERSONAL PROPERTY SHALL TERMINATE WHEN THE PARTY WITH THE
POSSESSION OR USE OF THE PROPERTY REMARRIES.

(C) TREATMENT OF PROPERTY.

WHEN A PROVISION THAT CONCERNS THE FAMILY HOME OR FAMILY USE
PERSONAL PROPERTY TERMINATES, THE COURT SHALL TREAT THE PROPERTY
AS MARITAL PROPERTY IF THE PROPERTY QUALIFIES AS MARITAL
PROPERTY, AND ADJUST THE EQUITIES AND RIGHTS OF THE PARTIES
CONCERNING THE PROPERTY AS SET OUT IN § 8-205 OF THIS SUBTITLE.

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

In subsection (a)(1) of this section, the language
"terminate no later than 3 years after the date on
which the court grants" is substituted for the former
language "be made for a time period not to exceed 3
years from the date of the granting of", for clarity.

Subsection (a)(2) of this section is new language
   substituted for the third sentence of former CJ §
3-6A-06(e), for clarity.

In subsection (b) of this section, the introductory
reference to "subsection (a) of this section" is new
language added for clarity.

Also in subsection (b) of this section, the former
word "occupancy" is deleted as included in
"possession".

In subsection (c) of this section, the phrase "and
adjust the equities and rights of the parties
concerning the property as set out in § 8-205 of this
subtitle" is substituted for the former clause
"consider the factors set forth in § 3-6A-05(b) in
arriving at a division of the proceeds or value of the
property", for clarity.

The second sentence of former CJ § 3-6A-06(f) is

deleted as inaccurate. That sentence contradicted the

definitions of "family home" and "family use personal
property".

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that it is
unclear whether the 90-day time limit and exceptions
set out in § 8-203 of this subtitle also apply to a
determination under this section.