clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 2004
Volume 801, Page 2139   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ROBERT L. EHRLICH, JR., Governor                             Ch. 457

(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.

8-203.

(a)     In a proceeding for an annulment or an absolute divorce, if 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)     In this subtitle, a military pension shall be considered in the same manner
as any other pension or retirement benefit.

8-204.

(a) Except as provided in subsection (b) of this section, the court shall
determine the value of all marital property.

8-205.

(a) (1) Subject to the provisions of subsection (b) of this section, after the
court determines which property is marital property, and the value of the marital
property, the court may transfer ownership of an interest in [a pension, retirement,
profit sharing, or deferred compensation plan from 1 party to either or both parties]
PROPERTY DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION, grant a monetary
award, or both, as an adjustment of the equities and rights of the parties concerning
marital property, whether or not alimony is awarded.

(2) THE COURT MAY TRANSFER OWNERSHIP OF AN INTEREST IN:

(I)      A PENSION, RETIREMENT, PROFIT SHARING, OR DEFERRED
COMPENSATION PLAN, FROM ONE PARTY TO EITHER OR BOTH PARTIES; AND

(II)     TANGIBLE SUBJECT TO THE CONSENT OF ANY LIENHOLDERS,
FAMILY USE PERSONAL PROPERTY, FROM ONE OR BOTH PARTIES TO EITHER OR
BOTH PARTIES.

- 2139 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 2004
Volume 801, Page 2139   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives