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Why may I need exclusive use and possession of the marital home during my divorce?

Often after the initial filing of a divorce case, the atmosphere in the Parties home may become even more acrimonious than it previously was, and sometimes even volatile. This situation can lead to heightened emotions, tension and in more severe cases, even violence. Aside from the obvious heightened tensions in the living environment, the minor children of the marriage can be negatively and in some circumstances even severely affected by the tensions in the home by witnessing their parents yelling, screaming and at worst becoming violent towards each other.

As such it is possible to request the court in these cases for exclusive use and possession of the marital home by only one of the Parties during the divorce. This is generally requested by the Party who believes they should remain the in the marital home with the children, in the best interests of the Parties minor children as a result of the volatility in the home. The Party who typically files a Motion for Exclusive Use and Possession of the marital home is usually the Party who has been the primary caregiver to the Parties minor children and whom has generally less financial resources to obtain alternate housing. The granting of such a motion can often lead to a calming down of the overall situation which ultimately allows the Parties who are no longer residing in the same home to begin to now focus on the issues of resolving their case, and moving more efficiently towards a Final Judgment of Dissolution of Marriage, and the next chapter in their lives. 

Let Schwartz | White Attorneys at Law answer any and all questions you may have about exclusive use and possession of the marital home before, during and after a divorce proceeding.

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