An order for exclusive occupancy is made under Section 90 of the Family Law Act. When to ask for exclusive use of the marital home: - Donuts 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. While Section 61.075 establishes how courts should allocate the marital home in the final distribution of assets, it offers guidance to courts as to who should have exclusive use of the marital home during the interim stages of a divorce. Emotional outbursts, insults, and name-calling are not unusual in a divorce. For many, getting exclusive occupancy of the marital residence during the pendency of a divorce action can be as important as the ultimate divorce itself. Both positions gave her extensive experience working with family law litigants. Exclusive Use & Occupancy of the Marital Home This is done through a Temporary Restraining Order. Let us know by sending an email to: [email protected] and we will do our best to develop content to provide you with direction and insight!For more information: Check out and subscribe to our YouTube ChannelFollow us on InstagramLike us on FacebookVisit our website Shop our Legal Templates. In Pennsylvania, both spouses have a right to be in and/or on a marital property that is owned or rented jointly by the parties. Given the ages of the two children and the desirability of preventing further disruption to the household, the court concluded that the wife was entitled to exclusive occupancy of the marital home until the youngest child reached the age of majority. If the court awards her its exclusive use, her husband suffers the same economic losses described above. We are here to help! You will walk away with an idea of what choices you can make and what each different path would look like whether or not you wish to pursue any action now. Privacy Policy | Disclaimer | Site Map, Business Development Solutions by BWM Lawyer Marketing. Lifescape Counseling Therapist Stacey Heidler: Children deserve to feel comfortable in their surroundings and any disruption to that can also cause problems or affect other areas of their lives, such as school or friendships. If there is not a child involved the courts allocate the marital residence in the same way as other marital property. Finding a top attorney usually means asking friends, checking with attorneys used for other matters, and getting referrals. Your spouse may return to the home to retrieve personal belongings, but this must be arranged with you.
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