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Maryland Code, Family Law § 8-201

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In this subtitle the following words have the meanings indicated.

(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.

(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.

(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.

(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.

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Cite this article: FindLaw.com - Maryland Code, Family Law § 8-201 - last updated January 01, 2025 | https://codes.findlaw.com/md/family-law/md-code-family-sect-8-201/

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