What Does “Exclusive Use and Possession” mean?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

In divorce cases, oftentimes the couple lives together under one roof while the divorce proceedings are pending.  But in cases where there is domestic violence, or one of the spouses has a paramour, the parties may choose or be court ordered to live separate and apart.

In those cases, or after a temporary relief hearing is had in court, one or the other spouse may be awarded by the judge exclusive use and possession of the marital home.

This does NOT mean that person can change the locks.  It means that the ousted party does not have a right to be on the property without knowledge and permission of the spouse who does.  It is used on a temporary basis, while the divorce is progressing. 

One does NOT lose his/her property rights by being ousted.  For more information about this or other…

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