Exclusive Possession of the Matrimonial Home

The matrimonial home is often one of the biggest points of contention when a couple separates. If you know what your rights are under the law, it can help the process go a lot more smoothly.

Getting A Spouse Out Of The House

The house that has been shared by a married couple is considered the matrimonial home. Neither party is allowed to order the other out of the matrimonial home. No locks are to be changed, and no one can be forced to leave without a court order or by agreement. This can be trying, but if the individuals can come to an agreement about who will be at the house when, it will help lighten the stressful load that divorce often carries with it.

Exclusive Possession Of The Matrimonial Home

You and your spouse both have equal rights to come into and out of the house as you please, regardless of who owns the house. In exceptional circumstances, a judge will take this right away from one of the parties involved. But don’t think you can get a court to give you exclusive possession of the home just because you want your soon to be former spouse out. Courts are very hesitant to kick a person out of their own home. To do so, there must be something serious like domestic violence. Simply not liking one another, or even a stressful situation (what divorce isn’t stressful?) is not enough to warrant granting exclusive possession of the matrimonial home.

Separate Rooms

You and your spouse may need to live together for a while longer, even though you are going through a divorce. If your divorce lawyer advises you not to move out of the matrimonial home, it would be a good idea to pick separate rooms and just try to keep your distance.

Deciding Who Gets Exclusive Possession Of The Matrimonial Home

When a court does have to decide who gets exclusive possession many things are taken into consideration such as if there has been domestic violence, if either of the parties have friends or family to stay with, and if there are children to consider, what is in their best interests.

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