We are here to help! However, it is not always possible to amicably decide on who can stay and who has to move out; in those cases, the spouses can seek a court order. One of the issues that couples often face during a divorce is who may continue to live in the family residence after the petition for divorce is filed. Deciding who goes and who stays, however, sometimes must be decided by the court through an order granting temporary exclusive use of the marital home to one of the parties. If the other spouse is financially capable of paying the note and rent, then the judge might not award rental value or might award a small amount. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided. In general, a spouse who is abused can file for a temporary order of protection, with a stay away order including exclusive occupancy of the home, in an ex parte proceeding. To speak with a Boca Raton divorce attorney to discuss the division of property and assets in a Florida divorce case, contact the Lane Law Firm, P.A. There are several methods available to legally obtain occupancy of the home. WebDuring the pendency of a marital dissolution proceeding, a court may make orders ex parte or on noticed motion that affect the temporary use, possession, and control of the parties real or personal property, including determining the payment of liens or encumbrances. These applications are called pendente lite Because the definition of abuse for the purposes of orders of protection goes beyond physical abuse, it is often easier to obtain exclusive possession of the marital home via a petition for an order of protection than via a motion for exclusive possession of the marital residence. In the case of Ortiz v. Ortiz, the Florida Court of Appeal stated that, as a general rule, unless there are special circumstances, trial courts should award exclusive use and occupancy to a primary residential parent until: (i) the youngest child reaches the age of majority, (ii) the youngest child is emancipated, or (iii) the primary residential parent gets remarried. The wife filed for divorce. To be allowed exclusive use and possession of the marital home in Maryland, the parent awarded use and possession does not necessarily have to be the sole or primary custodian of all the minor children, the parent only needs to have at least some physical custody rights to at least one child. Exclusive Possession of The Marital Home When There Are No Children Its tough to ask the court to award the whole house to one person because the default in a 2d 1338 (Fla. 3d DCA 1986), the court reviewed the parties finances before awarding the wife exclusive possession of the former marital residence. Exclusive Use & Occupancy of the Marital Home All rights reserved. You can ask the Court for exclusive use and possession of the home in the original domestic violence petition or by filing a motion in a case that is already pending. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. On the same day, Rebecca Green filed a motion for exclusive possession of the marital home and temporary spousal support. The spouse paying the mortgage has a claim for reimbursement against the occupying spouse of one-half of each mortgage payment. When settlement can be achieved, both parties benefit from reduced conflict and anxiety and generally find that their legal fees are minimized. The importance of the childs best interests in making a determination regarding the distribution of the former marital home is most directly illustrated by the Pino v. Pino decision out of the Third District of Florida. Choose My Signature. If the answer is yes, talk to your lawyer about whether or not you should seek fair market rental value from the other side if he or she is awarded exclusive use. What Is Considered A High Net Worth Divorce. Fax: (631) 864-2623 Exclusive Use and Occupancyor Sleep Divorce In New York divorce cases, the judge has the authority to grant one spouse the right to exclusive occupancy of the marital home. This means the alleged abuser is not present at the hearing. However, at that first hearing, most divorcing parties do not have evidence of fair market rental value. Then her husband sues her for divorce and asks for the homes exclusive use. This would make the house her separate property. The trial court issued a notice of final hearing for divorce judgment 350Lake Forest, IL 60045, 33 N. County St., Ste. When to ask for exclusive use of the marital home: Updates for Criminal Cases in Miami-what you need to know: Miami Courts return to Phase 1 due to spike in cases. When one spouse has exclusive use and possession of the marital home, the other spouse is prevented from returning to the home.

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