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Session Laws, 1979
Volume 737, Page 960   View pdf image
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960                                     LAWS OF MARYLAND                                 Ch. 295

and also the [continued] use and possession of family use
personal property may not be continued under the authority
conferred by this section if the spouse having the
[continued] use and possession remarries. In exercising
its authority UNDER THIS SECTION, the court shall consider
each of the following factors:

(1)  The best interests of any minor child;

(2)  The respective interest of each spouse in
continuing to use the family use personal property or occupy
or use the family home or any portion of it as a dwelling
place;

(3)  The respective interest of each spouse in
continuing to use the family use personal property or occupy
or use the family home or any part of it for the production
of income;

(4)  Any hardship imposed upon the spouse whose
interest in the family home OR FAMILY USE PERSONAL PROPERTY
is infringed upon by [a use and possession order] AN ORDER
ISSUED UNDER THIS SECTION.

(b)  When granting a limited or absolute divorce, or
annulment, the court may determine which property is the'
family home and family use personal property.

(c) (1) Regardless of how the family home or family
use personal property is titled, owned, or leased, the court
may decide that one of the parties shall have the sole
[continued] possession and use of that property, or it may
divide the possession and use of the property between them.

(2) The court may also order either or both of
the parties to pay all or any part of any mortgage payments
or rent, all or any part of the indebtedness related to the
property, the cost of any maintenance, insurance,
assessments and taxes, and any other similar expenses in
connection with the property.

(d)  The court may make a preliminary determination of
which property is the family home or family use personal
property, and may exercise pendente lite the powers over the
family home and family use personal property which are
granted in this section. These preliminary and pendente
lite determinations are subject to modification during the
pendency of the proceeding.

(e)  Any provision in any temporary or final order or
decree concerning the family home or family use personal
property is subject to the terms and conditions and limited
to the period of time specified by the court, and is subject
to modification or dissolution by the court, as the
circumstances and justice may require. However, any such
order or decree or any modification thereof concerning the
family home or family use personal property shall be made

 

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Session Laws, 1979
Volume 737, Page 960   View pdf image
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