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§ 8-201. Definitions

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 8. Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment (Refs & Annos)
Subtitle 2. Property Disposition in Annulment and Divorce (Refs & Annos)
MD Code, Family Law, § 8-201
§ 8-201. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Child
(b) “Child” means a child:
(1) under the age of 18 years; or
(2) 18 years old or older and dependent on a parent because of mental or physical infirmity.
Family home
(c)(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 1 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 1 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.
Family use personal property
(d)(1) “Family use personal property” means tangible personal property:
(i) acquired during the marriage;
(ii) owned by 1 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.
Marital property
(e)(1) “Marital property” means the property, however titled, acquired by 1 or both parties during the marriage.
(2) “Marital property” includes any interest in real property held by the parties as tenants by the entirety unless the real property is excluded by valid agreement.
(3) Except as provided in paragraph (2) of this subsection, “marital property” does not include property:
(i) acquired before the marriage;
(ii) acquired by inheritance or gift from a third party;
(iii) excluded by valid agreement; or
(iv) directly traceable to any of these sources.

Credits

Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1994, c. 462, § 1, eff. Oct. 1, 1994; Acts 2004, c. 457, § 1, eff. Oct. 1, 2004.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1994 Legislation
Acts 1994, c. 462, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed only prospectively and may not be applied or interpreted to have any effect on or application to any action filed before the effective date of this Act.”
2004 Legislation
Acts 2004, c. 457, § 1, repealed and reenacted subsec. (d) without amendment.
Derivation:
Courts and Judicial Proceedings § 3-6A-01, added by Acts 1978, c. 794, § 1, amended by Acts 1979, c. 295, § 1, related to definitions, repealed by Acts 1984, c. 296, § 1, eff. Oct. 1, 1984.
MD Code, Family Law, § 8-201, MD FAMILY § 8-201
Current through all legislation from the 2019 Regular Session of the General Assembly.
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