Exclusivepossession of the home is awarded when the Court perceives a need for it, most commonly to a spouse caring for minor children. Tel: (631) 864-2600 You cannot change the locks because you do not have sole legal possession of the property. Doing so will give the presumption that you are no longer in fear for your life. Because of the difficulty obtaining this evidence on short notice, what usually happens is that the parties agree that one of them will have exclusive use and the issue of rental reimbursement is not resolved. If theres a divorce thats pending, and you feel that you cant afford to pay the monthly mortgage or rent payments, you can ask the court to maintain the status quo. Exclusive Use and Occupancy of the Marital Residence 4. MOTIONS AND PRETRIAL INTERVENTION - New York There are several methods available to legally obtain occupancy of the home. The only child of Elvis Presley has lived a tumultuous life, and she has had an equally rocky divorce from her ex-husband Michael Lockwood. An order for exclusive occupancy is made under Section 90 of the Family Law Act. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. We provide excellent representation at reasonable rates and offer affordable payment options. One spouse might even threaten to tell the world about horrible misdeeds, insufferable conduct, and What To Know About Lisa Marie Presleys Divorce. COUNTY OF SACRAMENTO COMMUNITY SERVICES They could also require the remaining party to maintain the property until they are in a position to eventually sell the home. Others stay because they think that if they leave the home, its considered abandonment. 2d 537 (Fla. 1st DCA 1999), the Florida First District Court of Appeal held that an award of exclusive use and possession of the former marital home must serve a special purpose, such as providing a benefit for a minor child. Practice Area | Exclusive Occupancy of the Marital Home Remember, you can also as the Court for the exclusive use of the home even in cases where abuse is not present.