Use and Possession

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