In a 2008 case, a husband and wife were married in North Carolina in 1994 and had two kids. The wife filed for limited divorce in 2005. The case was tried in 2006-2007. In 2007, a judgment of absolute divorce was granted on the grounds that the wife had committed adultery.
Among other things, the wife was awarded sole legal and physical custody of the children and the husband was ordered to pay child support. The husband was found in contempt for failing to pay child support previously ordered. The judge also granted the wife use and possession of the family home for two years.
The husband appealed on five grounds. One of these grounds was that the judge should not have treated the house at Alfreton Court as the family home under Family Law Article § 8-201. The judge awarded the use and possession of the residence to the wife and children under § 8-208(a), which provided that in the context of divorce, regardless of how the family home was owned or titled or leased, the judge could give one party sole possession of the property. Continue reading