What is Exclusive Use and Possession of the Marital Home?
There are many emotional issues during divorce but one of the hardest is determining who will remain in the family home while the case is ongoing. For many people, the marital home is far more than just a financial asset. It represents security, routine, and stability, especially if children are involved. State law in Florida addresses this issue through a legal concept known as exclusive use and possession of the marital home. Below, our Orlando divorce attorney explains in further detail.
Understanding Exclusive Use and Possession of the Marital Home
Exclusive use and possession of the marital home is a temporary court order that permits one party to stay in the marital home and excludes the other spouse from using the property. It is important to note that exclusive use and possession does not mean that the spouse awarded it will retain the home after divorce. It is merely meant to address a spouse’s, and possibly children’s, immediate needs and provide stability while the case is pending.
When Do Courts Award Exclusive Use and Possession?
Exclusive use is not automatically granted by the courts in Florida. One party during divorce must request it if they wish to have exclusive use and possession of the marital home. The spouse requesting it must also show that an exclusive use order is appropriate and necessary under the circumstances. The courts will typically focus on two main considerations.
The first is whether exclusive use is in the best interests of the children, as the courts prioritize stability and continuity. If one parent will exercise the majority of time-sharing during the divorce, the court may award them exclusive use so the child can stay near their friends, school, and community.
The second consideration for family law judges is whether a spouse needs to be protected from extreme conflict or harm. If the level of conflict in the home is so great that cohabitation would be unsafe, the court will focus on keeping both parties safe. Without either of these considerations, the courts are generally reluctant to award one spouse exclusive use of the marital home.
Should You Request Exclusive Use?
If you are considering asking the court for exclusive use of the marital home, there are many factors to think about. Although it can provide immediate stability and relief, it can also add to the cost of litigation, increase conflict, and cause financial hardship if you cannot afford the home. On the other hand, not addressing living arrangements early on in a contentious divorce can expose both spouses, and possibly children, to unnecessary risk and stress.
Our Divorce Attorney in Orlando Can Advise On Your Case
Exclusive use and possession of the marital home is a strong tool, but the option is limited to certain divorce cases. At Anderson & Ferrin, P.A., our Orlando divorce attorney can advise on if the option is available in your case, help you request it from the court, and give you the best chance of a successful outcome. Call us today at 407-412-7041 or contact us online to request a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
