Exclusive Use and Possession of the Marital Home

The courts in Florida have authority to award one party exclusive use and possession of their marital home. This is often done during the pendency of the divorce and before a final hearing is heard. However, the court can also award exclusive use and possession of the martial home for a time period well after the entry of a final judgment. The court may award the home to the parent who has the primary care of the children during the time period the children are minor.

If you are awarded exclusive use and possession of the marital home, you can change the locks on the home and prevent the other party from entering the home. Until exclusive use and possession is awarded though, both parties have equal access to the home and neither party can restrict the other party from access.

It is a general assumption that a divorce will often cause emotional tension and strife. It has been my experience that it is best for one party to remain in the home (often with the minor children) while the other party resides elsewhere. This often helps diffuse tension and can help settlement negotiations. If you have questions regarding exclusive use and possession of your marital home, contact your expert family law attorney for a consult today.