Therefore, a party should consult with an attorney about what impact this may have on the parenting issues prior to taking any action. One of the spouses may be able to ask the court to issue an Order of Exclusive Occupancy, saying that only one of the spouses is permitted to live in the It is important to note that if you share a residence during marriage, it is considered the marital residence regardless of who actually owns it. 357 Veterans Memorial Highway 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. Ownership and occupancy of the marital home can be a hotly contested issue during a divorce. You can ask the Court However, it is not always possible to amicably decide on who can stay and who has to move out; in those cases, the spouses can seek a court order. WebThe granting of exclusive occupancy of the marital home in Birmingham is not available during all divorces. In Cabrera v. Cabrera, 484 So. Often times there are not sufficient assets to offset an award of the marital home to one spouse, and the spouse seeking use of the home lacks sufficient income to buy out the other spouse's share. Marital Home Occupancy | Alabama Divorce & Family Lawyers, LLC Spouses have an equal right to be in the marital home regardless of who is on the title to the house. hbspt.cta._relativeUrls=true;hbspt.cta.load(8398187, '26233e8e-1a6b-4012-9169-ca6419b45070', {"useNewLoader":"true","region":"na1"}); 16644 West Bernardo Dr, Ste. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. An order requiring a person to leave a marital residence is normally issued if a person has been criminally charged with domestic violence. However, in other counties, in order to obtain an order for exclusive occupancy, you must have a hearing before a judge or magistrate. In New York divorce cases, the judge has the authority to grant one spouse the right to exclusive occupancy of the marital home.
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