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  • Exclusive Possession of Marital Home: What You Need to Know
    If there’s no violence, one spouse can file a motion with the judge requesting exclusive use and possession of the marital home You must allege facts in your petition sufficient to convince the judge that the only way to protect yourself and your kids is to deprive the other spouse of the shared residency
  • How to get an order for exclusive use of the marital home
    The most common way of obtaining an order for exclusive use of the marital home is to file a motion with the judge requesting this relief The motion must allege reasons strong enough for the judge to believe that depriving the other party of their property is the only way to protect you or your children
  • Exclusive Use and Occupancy of the Marital Residence
    Exclusive use and occupancy of the marital residence means that one spouse is legally granted the right to remain in the marital residence to the exclusion of the other This exclusion is typically granted in an application (motion) to the court on a temporary basis until the divorce is finalized
  • Exclusive Use and Possession - Definition, Examples, Processes
    In order to prevent the other spouse from simply coming and taking it as they please, exclusive use and possession must be granted One spouse is not always granted exclusive use and possession of the family home, or other marital property, as many courts view it as a last resort, or a harsh remedy
  • When to ask for exclusive use of the marital home: - Legal Lotus
    Exclusive possession of the home is awarded when the Court perceives a need for it, most commonly to a spouse caring for minor children You can ask the Court for exclusive use and possession of the home in the original domestic violence petition or by filing a motion in a case that is already pending
  • Who has to leave the house in a divorce? - Schiefer Law Blog
    That being said, there are a variety of methods of getting your spouse to leave the marital residence legally, which are filing for temporary orders (and getting exclusive use of the house), getting an order of protection (if warranted), and eviction (if the house is your separate property)
  • Exclusive Use of the Marital Residence During a Divorce: What . . .
    Now, how does a court evaluate a request by one party to have exclusive possession of the marital residence during a divorce action? As a general matter, two critical factors influence the court’s approach to this question: (1) whether the request is contested, and (2) in what county in Ohio the divorce action is pending





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