In many divorce cases, one party voluntarily moves out of the marital home, leaving the other party with exclusive use and occupancy of the premises. The much more likely scenario, however, is that both parties refuse to voluntarily vacate the marital home, often due to their desire to remain with the children and/or a lack of financial resources to maintain two residences. In such situations, often one party will file a Motion for Exclusive Possession asking the court to order the other party to vacate the premises.
As top divorce attorneys in Greenwich, Westport, Stamford, Darien, or New Canaan will tell you, the party moving for exclusive possession is required to indicate the grounds upon which he or she is seeking such a remedy. While no specific grounds have been established for granting exclusive possession of the marital home, there are some factors that the courts have considered more than others.
One factor that the courts have considered when deciding on a motion for exclusive possession is the nature of the relationship between the parties. For example, the mere fact that the parties dislike each other is typically not sufficient to justify exclusive possession of the marital home. However, the courts may be inclined to order exclusive possession of the marital home where the conditions indicate the existence of physical or psychological abuse between the parties, particularly in the presence of minor children.