Exclusive Use and Possession of the Marital Home

..Exclusive Use and Possession of the Marital Home

One party in an Orlando divorce may request exclusive use and possession of the marital home.  The statute relevant to this issue states that the desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

This is an extremely important issue especially for couples with school-aged children.  However, the affordability of retaining the marital home must also be considered by the parties.  Discussing your wishes regarding your home with your experienced Orlando divorce attorney early in your divorce is crucial.  If you have not chosen a qualified divorce lawyer to represent your interests in your Central Florida divorce, contact Family Law of Orlando to schedule an initial consultation with Attorney Wade P. Luther.  You can contact our office by email or by calling (407) 835-9900.

2014-06-06T17:58:44+00:00