Seeking Exclusive Use of Marital Home in Divorce
Can I get exclusive use of my home in my divorce case in Oklahoma? I am Attorney James Wirth, and that’s the question that we have, and generally speaking, one of the parties is gonna get exclusive use of the home. If either party files for the divorce, then the courts can assume they’re not getting along well, that they don’t need to be residing in the same house together, and unless both parties are in agreement to reside together in the same house, the court is not gonna order that, generally speaking. So if either party requests exclusive possession of the marital home, then the court is likely to award that to one of the parties.
Factors Considered in Determining Exclusive Use
Now, which party is it gonna be? That’s what has to be determined by the court based on what the court believes is most fair. So if you’re going into that circumstances, you wanna be awarded temporary possession of the home while the divorce is pending, then you’re probably gonna wanna go into court with a status quo where you’ve got temporary possession of the house. So if you’re residing in the house, and you can get the other party to move out, and then you go to court, the court is less likely to disrupt that scenario, more likely to order what’s already in place, but that’s not a requirement.
Impact of Children in the Decision
Ultimately, the court’s gonna hear the evidence from both sides, and you can make arguments on why it makes most sense for you to be in the house, and then the court can make that determination. If there’s kids involved in the marriage, then obviously where the kids are residing, the relationship of the parties on that, who’s gonna get custody, that can be a big factor as far as who’s gonna get possession of the house or not. But if the question is, can I get exclusive possession of the home? One of the parties is likely to get exclusive possession of the home while the divorce is pending.
Schedule a Low-Cost Initial Strategy Session
The question is whether it’s gonna be you or the other side, and that’s gonna depend on all of the facts and what the court believes is the most fair under the circumstances. If you’re dealing with this scenario, though, it is fact-specific, you’re gonna wanna talk to an Tulsa divorce attorney about your facts in detail to get legal advice pertinent and specific to your circumstances. To get that scheduled with a Tulsa attorney, you can go online to MakeLawEasy.com or call 918-879-1681 for an initial strategy session.
