What Does Use And Possession Mean In A Maryland Divorce Proceeding?

“Use and possession” is a legal term referring to the marital home and family use of personal property. In Maryland, the family home is defined by law as real property (real estate) in the State of Maryland that was:

• Used as the principal residence of the parties when they lived together
• Is owned or leased by one or both of the parties at the time of the divorce proceeding
• Is being used or will be used as a principal residence by one or both parties and a child

A “family home” does not include any real property that was:

• Acquired before the marriage
• Acquired by inheritance or a gift
• Excluded by a valid agreement (like a prenuptial agreement)

What is considered “family use personal property”? 

Under Maryland law, the term “family use personal property” is defined as any tangible property used primarily for family purposes. Such property is limited only to that which was acquired during the marriage. Examples of family use personal property include:

• Cars
• Furniture
• Appliances
• Electronics

When do the courts grant use and possession? 

Generally speaking, the custodial parent of a minor child may request use and possession of the family home to maintain a stable environment for the child. The courts generally believe that furnishing the child with a familiar environment is in their best interests. The Maryland courts can award use and possession to enable any child to continue to live in the environment they are familiar with. Use and possession will not be awarded in Maryland if the parties do not have any minor children.

The main purpose of Maryland’s use and possession statute is to benefit the minor children of the family. This statute is meant to protect the interests of the children during a divorce proceeding.

What factors does the court consider when awarding use and possession?

Maryland courts will consider several factors when determining an award of use and possession. The courts will consider foremost the best interests of the children when making this decision. Other factors include:

• The need of either party to possess and use the family home as a primary residence
• How possession and use would affect either party’s ability to produce income
• Whether anyone would suffer undue hardship through the award of use and possession.

How long is use and possession granted for? 

The Maryland courts can award exclusive use and possession of the family home and family use personal property to a custodial parent for up to three years from the date of the divorce. An award of use and possession can also terminate before three years if the party with access to the marital home decides to remarry.

Talk to a Maryland Divorce Lawyer Today 

Questions concerning your divorce? Don’t hesitate to call the Bel Air family lawyers at Schlaich & Thompson, Chartered. With 60 years of experience fighting for those going through divorce, our attorneys are adept at finding solutions and advocating on behalf of our clients. Call our office today to schedule an appointment, and we can begin discussing your goals right away.