POSSESSION OF THE MARITAL RESIDENCE

Faulkner Legal Group, P.A., an Orlando divorce law firm, handles a variety of divorce related issues in the Orlando, Central Florida and surrounding areas as well as the State of Florida as a whole. As an Orlando divorce lawyer, attorney David A. Faulkner helps clients going through a divorce divide their marital property.  One of the components involved in dividing a couple's marital assets is deciding the disposition of the marital residence.  In addressing the marital residence a divorce court must decide who will have possession of the marital residence during the divorce case on a temporary basis as well as on a more long-term basis.

There are many factors that impact who will have possession of the marital residence and for what period of time.  It may be in the best interests of a couple's minor children for one of the spouses to remain in the marital residence with the minor children either temporarily or sometimes until the minor children reach the age of majority.  Often it is in the best interest of the minor children to remain in the marital residence for stability reasons.  Divorce can be a tumultuous process.  Having the minor children be able to remain in the marital residence may provide them with some sense of normalcy.

Often times, it is also necessary for one of the spouses to be allowed to remain in possession of the marital residence because that spouse has limited other possibilities for housing.  This may be because one of the spouses has limited financial resources vis-à-vis the other spouse.

In deciding such issues, the court must look at the totality of the circumstances to determine what is most equitable given the facts of each particular case.  Sometimes, the court will order that the marital residence be sold, such that ultimately both spouses will have to leave the residence.  Some divorcing couples choose for financial reasons to remain in the marital residence together, albeit sleeping separately, while the divorce case is pending.

Another factor that is present in many divorce cases is that of domestic violence.  If there has been domestic violence committed by one spouse against the other, the offending spouse may be ordered to leave the marital residence, thereby giving the non-offending spouse the exclusive use and possession of the marital residence.

If you, a friend or a family member has questions about a divorce case involving the marital residence, then Orlando divorce attorney David Faulkner may be able to assit. Contact him today.