Who Gets the House After the Divorce is Filed
The issue of whether a spouse has to leave the house (usually the husband) after a divorce petition is filed often arises as there is a time period between the filing of a petition for divorce and entry of the final order. Temporary orders are entered either by agreement of the parties or after a contested hearing providing for, inter alia, temporary support, spousal and/or child, temporary contact with children, and temporary exclusive use and possession of the marital home.
There is no automatic requirement that a husband has to leave the marital home after a divorce petition is filed. Each party has equal right to possession and use of the marital home. If a party were to change the locks without an agreement or order providing for exclusive use and possession, the other party can break in to their own home without violating any laws. The advice, don’t change the locks without an agreement or court order, and, if the locks are changed without a court order or agreement, do not break into your house and cause needless additional drama.
When will a court order exclusive use and possession if the parties cannot otherwise agree? The case law provides that neither spouse should automatically be deprived of his or her emotional and property interest in the common residence at the beginning of a divorce merely because of the existence of the dispute itself, but requires an affirmative showing of intemperance, quarreling or fighting between the parties, or an adverse effect upon the children.
I have personally represented clients when this law has been followed by the courts, but have also encountered situations when the court decrees, “Well, its going to happen sooner or later” and orders the ouster of a husband on a temporary basis.
It is always important to “know the judge.”
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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. Contact his office at 407-629-1886 or visit AttorneyFender.com.