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Exclusive Use and Possession of the Marital Residence in an Orlando, Florida Dissolution of Marriage Proceeding

Many times, parties inquire as to whether they must move out of the Marital Residence. Many of them want to keep the house. However, many of them cannot tolerate to live under the same roof with their spouse. Some people refuse to live with their spouse when the divorce is pending even if it means saving money by doing that. What can those people do if they wish to keep the Martial Residence?    

On a temporary basis, they can request exclusive use and possession of the Marital Residence during the pendency of the Dissolution of Marriage. It you are granted exclusive use and possession of the Martial Residence on a Temporary basis; you may live in the house until further order of the court, or until the final judgment is entered on the case. At the time of the final judgment, that spouse may be allowed to stay in the house, or the court may order the house partitioned and sold.  

What is exclusive use and possession of  a Marital Residence in an Orlando, Florida Dissolution of Marriage case?  Exclusive use and possession of the Martial Residence is when one spouse receives the Marital Residence for several years. It is usually until a child reaches eighteen years of age. That way the child or children came remain in the house where they live and are comfortable. It is the house the children have lived in, where they have friends in the neighborhood, and where they can continue in the same school. This is to provide stability to the children, This can be requested if one spouse thinks it is in the best interest of the children to remain in the house that they are familiar with the surroundings, until the youngest child graduates from high school.

The Court will usually award exclusive use and possession of the marital residence where there are minor children involved, and it is in the best interest of the children that they remain in the home. The court will look to see  whether it is in best interest of the children, whether it is equitable,  and whether it is financially feasible. Can you financially maintain the house? That means if the parties can afford to maintain and sustain the Marital Residence after the Dissolution of Marriage. Do you have substantial credit card debt? Do you have other debt? Have all the parties’ funds been depleted in costly protracted litigation? What is your income? What is the income of your spouse? Those would be the factors the court examines to determine if it is economically feasible.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Face Book; Ann Marie (Giordano) Gilden on Linked In; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

This article is for informational purposes only; and it does not form an attorney client privilege.