Exclusive Use and Possession of the Family Home: Maryland Law

Exclusive Use and Possession of the Family Home: Maryland Law

In Maryland, family law allows one spouse to request exclusive use and possession of the family home and family-use property during a separation or divorce. This legal tool ensures that one parent and the children can remain in the home, maintaining stability during a difficult transition. While this blog focuses on Maryland, many states have similar laws that provide protections for families going through separation.

What Is Exclusive Use and Possession?

Exclusive use and possession mean that the court grants one spouse the right to stay in the family home and continue using property like vehicles or household items during the divorce process. In Maryland, these orders can last for up to three years after a divorce, with the goal of providing the children a stable, familiar environment. This is especially valuable for military families, who may already face stress from frequent moves or deployments.

What Factors Do Courts Consider?

When deciding to grant exclusive use and possession, the court focuses on the best interests of the children. Some key factors include:

• Custody: Courts often favor the parent with primary physical custody to ensure the children’s stability.
• Financial Ability: The court considers whether the spouse seeking possession can afford to maintain the home, potentially ordering the non-occupying spouse to help with costs.
• Stability: Maintaining the children’s current living situation is important, especially in military families where deployments or relocations may already cause upheaval.

Managing Costs

One challenge in granting exclusive use and possession is managing the costs of maintaining the home. Courts may require the non-occupying spouse to contribute to mortgage payments, taxes, or insurance. For military families, this could mean utilizing Basic Allowance for Housing (BAH) or other military benefits to cover these costs. Understanding how military pay and benefits factor into family law issues is crucial, making it essential to work with an attorney experienced in military law.

Why Exclusive Use and Possession Matters for Military Families

For military families, exclusive use and possession orders provide much-needed stability, especially during a deployment or Permanent Change of Station (PCS). The spouse remaining in the home can ensure that the children’s lives are not disrupted unnecessarily, giving the deployed or relocated service member peace of mind. This type of arrangement ensures that children remain in their schools and communities, reducing the emotional impact of a family breakup.

Similar Laws in Other States

Many states have similar laws that allow for exclusive use and possession of the family home. Although the specifics vary, the intent remains the same—to protect children’s stability during family transitions. If you are a military spouse living outside Maryland, consult with a local attorney to understand your state’s specific rules.

How Our Military-Focused Attorneys Can Help

Navigating family law can be challenging, especially for military families dealing with deployments and relocations. Our team of military veteran attorneys understands these unique challenges and is best equipped to advocate for your rights. We can help you secure exclusive use and possession of the family home and ensure that the needs of your children are prioritized.

Call to Action

If you’re seeking exclusive use and possession of the family home during separation or divorce, contact our military-focused family law firm today. Click the link below to learn more or schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.