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In Maryland, the Court can award exclusive use and possession of the
family home and family use personal property (e.g. household
furnishings, family car) to a custodial parent for up to 3 years from
the date of divorce.
Absent agreement of the parties, use and possession orders automatically
terminate upon remarriage of the party awarded use and possession or
upon the youngest child of the parties attaining the age of majority.
The Court must consider certain factors to award use and possession,
including the child’s best interests, a spouse’s interest in using the
home for business and any hardship on the other spouse.
In order to be awarded use and possession, the home must have been the
parties’ principal residence before separation, be owned or leased by
one of the parties, be used by one of the parties and a minor child of
the parties, not including a stepchild, and the parent awarded use and
possession must have custody of at least one minor child of the parties.
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