Can I Be Granted Possession of the Marital Home During My Divorce?

 Posted on October 16, 2020 in Divorce

When a marriage breaks down, it is rare that the two spouses still want to live in the same home together, let alone spend time in the same room with one another. However, many couples still try to reside under one roof while their divorce is underway, especially if there are children involved. However, this can become difficult if things turn sour or if you and your spouse are not on good terms when you begin the divorce. Unless you and your spouse qualify and file for a simplified dissolution and agree on all issues, you will have to negotiate the terms of your divorce. This process can be extremely stressful for couples who do not communicate well or who cannot cooperate with one another. In extreme cases, either spouse can petition to have exclusive possession of the marital home.

What Does Being Granted “Exclusive Possession” of the Marital Home Mean?

During your divorce, you and your spouse both have the right to request to have exclusive possession of your marital home, but only until the divorce is finalized and only under certain circumstances. Typically, these circumstances have to be extreme. You must be able to prove that either you or your children's’ physical or mental well-being is in jeopardy by having both you and your spouse live there. The court will then conduct a hearing to determine the best course of action. In some cases, entering into a temporary eviction from the marital residence for one of the spouses can be a solution to the issues in the household. The spouse who is temporarily evicted is not always the spouse who keeps the home, as property division is an entirely different process.

Domestic Violence and Exclusive Possession of the Home

In some divorce cases, the events that take place inside of the home can end up escalating to the level of domestic violence or abuse. If this becomes the case, you can also seek an order of protection against your spouse. An order of protection would be able to protect you and your children by preventing your spouse from doing certain things, such as living in the home during the divorce or coming within a certain distance of you or your children.

Our Kane County Divorce Lawyer Can Help

Getting a divorce is a highly emotional and stressful event, but your spouse should not be making it worse. If you are going through a divorce or thinking about going through a divorce, you should enlist the help of a knowledgeable Aurora divorce attorney. At the Law Office of Matthew M. Williams, P.C., we can help you get the protection you need. Call our office today at 630-409-8184 to schedule a private consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59