Use and Possession of Property in Maryland

The court is permitted to order that one custodial spouse with a child has the right to possess and use the family home and family use property for a limited time, regardless of how the property is titled. A use and possession order may only be issued in limited circumstances such as part of a divorce or annulment proceeding, temporarily in a pendente lite proceeding, or as the result of a protective order for domestic violence. The court can only award use and possession to a spouse with custody of a natural or adopted child, not a step child. The court may allocate financial responsibility to either or both the parties concerning indebtedness or expenses on the property. This means that the party not granted use and possession may be required to pay all or part of the expenses. The party bearing this financial responsibility has a right to seek contribution.