Family Home

Use and Possession of the Family Home is governed by Fam. Law. Art., Sec. 8�20 l et seq. The Court's authority to grant use and possession is incident to its authority to grant an annulment or a limited and absolute divorce. It may make a pendente lite [temporary] determination of who shall live in the family home. The Court may order that either or both of the parties must pay the carrying cost of the family home. A provision concerning the Family Home or Family Use Personal Property shall terminate no later than three (3) years after the date on which the Court grants the annulment or limited or absolute divorce. Should the party with use and possession of the Family Home and Family Use Personal Property remarry, use and possession terminates.

The family home is defined as:

(1) "Family home" means the property in this State that:

(i) was used as the principal residence of the parties when they lived together;

(ii) is owned or leased by one or both of the parties at the time of the proceeding; and

(iii) is being used or will be used as a principal residence by one or both of the parties and a child.
 

(2) "Family Home" does not include property:

(i) acquired before the marriage;

(ii) acquired by inheritance or gift from a third party; or

(iii) excluded by valid agreement.

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Family Use Personal Property

Family Use Personal Property is defined as follows:

(1) "Family use personal property" means tangible personal property:

 (i) acquired during the marriage;

(ii) owned by one or both of the parties; and

(iii) used primarily for family purposes.
 

(2) "Family use personal property" includes:

 (i) motor vehicles;

(ii) furniture

(iii) furnishings; and

(iv) household appliances.
 

(3) "Family use personal property" does not include property:

(i) acquired by inheritance or gift from a third party; or

(ii) excluded by valid agreement.