Living With Your Ex During a Divorce: What You Need To Know About Exclusive Possession
Going through a divorce is a challenging and emotionally taxing process, and when it comes to living arrangements during this time, things can get even more complicated. Exclusive possession, a legal concept that allows one spouse to remain in the marital home while the divorce is pending, often arises as a critical issue. In Orlando, Florida, the legal team at HAWM Law is well-versed in handling these complex situations, providing guidance and support to clients facing this challenging phase of their lives.
What is Exclusive Possession?
Exclusive possession, also known as exclusive use and possession, refers to the legal right of one spouse to remain in the marital home during a divorce case, excluding the other spouse. This arrangement can become a necessity when both parties are unable to come to an agreement on living arrangements, and tensions run high. The key question in such cases is whether one spouse can obtain exclusive possession of the marital home and under what circumstances.
Factors for the Court to Consider
Orlando, Florida, like many other states, recognizes the importance of exclusive possession as it relates to personal safety and the well-being of the parties involved. Courts in Orlando will consider various factors when determining whether exclusive possession is appropriate, including: