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What Happens to my Residence When I am Divorced?

In divorce cases that were filed prior to October 1, 2006, a court has limited authority over a home owned by a divorcing couple that is used as their primary residence. If the parties have children and one of the parties has custody of the children, that person can get temporary use and possession of the family home for up to three years in an annulment, limited divorce, or absolute divorce case. The court cannot, however, transfer ownership of the property from one person to the other.

The law changed on this issue for absolute divorce cases filed after October 1, 2006. A person with custody of the children can still get use and possession of the home for up to three years in an annulment, limited, or absolute divorce case. In absolute divorce and annulment cases filed after October 1, 2006, a Maryland court now has the authority to transfer ownership of a family home from one person to another, authorize one person to buy out the other person's interest, or both.

This article is general in nature and you should check with a lawyer in your community for specific legal advice once the facts of your specific situation are taken into account.


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Under Maryland law, child support is determined based on the Income Shares Model. Therefore the monthly support amount for the child is proportionally shared between the two parents based on their incomes, past W-2s, and child support worksheets. One parent will then pay the other parent his or her share of child support. Considerations will also be made for existing debt, property settlement, mortgages, other children or any other financial considerations.
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