Because things often get so heated up and volatile between couples in the throes of legal separation, it is fairly common to see one spouse leave the marital home while the divorce is pending. The idea is to hopefully simplify matters for everyone, especially any minor children caught in the crossfire. But while moving out of the marital home may make things a bit easier in one aspect, it can be very costly in another.
In today’s economy, many couples are opting to continue living together; splitting financial responsibilities until one or both is able to move on with their lives. Unfortunately, if you were not awarded exclusive possession in the divorce and your living arrangement is not a term expressly enumerated in your divorce settlement, then you can only stay in your former marital home at your ex-partner’s discretion.
If your ex was awarded possession within the last thirty days, you may be able to file for a rehearing and appear before a judge to contest the ruling. Otherwise, reversing the order is virtually impossible and your ex is within his or her rights to forcibly remove you from the property—even if you remain owner of the property in whole or in part.
Divorce can be a contentious and traumatic time, but it’s important to stay level headed and remember that you have options. If you are living with an ex-spouse and you have questions about Exclusive Possession and how it can affect you, consult with an experienced divorce attorney immediately in order discuss the particulars of your case and protect your rights.
This post was written by David Hurvitz. Follow David on Google+.