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Maryland Annotated Code
Family Law Section 8-206 permits the court to exercise
its to enable any child of the family to continue to
live in the family home and possession and use of
family-use personal property by a party with custody of
a child who has a need to live in that home
When used in the statute the
term "child" means a child under the age of 18 years, or
18 years of age or older who, because of mental or
physical infirmity, is dependent upon a parent. The idea
behind the statute is to protect the interests of any
minor child involved in the divorce and hopes to ensure
that the child does not suffer the loss of his or her
home during the course of the litigation.
There are two prerequisites
that must be satisfied before a spouse can be awarded
use and possession of a family home are:
(1)
that the spouse be awarded custody of a minor
child, and
(2)
that there be shown a need for the custodial
child to continue to live in the family home
The spouse who obtains a
use and possession award need not be awarded custody of
all of a family's minor children.
Stepchildren are not
included within the scope of the statute. Use and
Possession can only be ordered to protect the best
interests of children of the family, that is, the
natural or adopted children of each of the parties to
the divorce litigation.
In considering Use and Possession the Court will look at
various factors to be:
(1) the best interests of any
child;
(2) the respective interest of each party in continuing
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;
(3) the respective interest of each spouse in continuing
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
(4) any hardship imposed on the party whose interest in
the family home or family-use personal property is
infringed upon by an order issued under the statute.
An order entered under the
disposition of the family home and family-use personal
property may not be considered as evidence of
constructive desertion
In any order a provision that concerns the family home
or family-use personal property shall terminate no later
than three years after the date on which the court
grants an annulment or a limited or absolute divorce |