Illinois Divorce Attorney – Exclusive Possession of the Marital Home

  • May 29 2019

Allocating exclusive possession of the marital home during and after a divorce can be a complicated matter. In many cases, both spouses believe they should receive exclusive possession of the marital home. If you are in that situation, you may want to seek advice from a qualified Illinois divorce attorney as soon as possible. An attorney can explain your legal rights and available options for obtaining a court order granting sole possession of the marital residence to you.

Temporary Exclusive Possession of the Marital Home

Under the Illinois Marriage and Dissolution of Marriage Act, either spouse may petition the court for an order granting the spouse temporary sole possession of the marital home. The relief is temporary pending a final decision by the court.

A temporary award of exclusive possession of the marital home does not impact the final disposition of the marital home.  As discussed further below, temporary exclusive possession of the marital home is only available when there are credible issues concerning the safety and well-being of either spouse or any children.  In contrast, a final divorce judgment allocating the marital home is property allocation.   Judges allocate property on an equitable basis, which generally means what is fair under the circumstances.  What is fair under the circumstances may vary considerably.  It may be fair to award the marital home to either spouse individually or it might be fair to sell the home and divide the proceeds.  Long before the judge is asked to make a final disposition of the marital home, he or she may need to decide if good cause exists to grant one spouse temporary exclusive possession of the home.

What Constitutes Good Cause for Evicting a Spouse from the Marital Home?

Despising your spouse is not likely to be considered good cause to evict your spouse from the marital home during the divorce proceeding. In most cases, the petitioning spouse must prove that there is domestic violence or that allowing the other spouse to remain in the home will harm the emotional well-being of the petitioning spouse and/or the parties’ children.

Before a judge grants an order evicting a spouse, the spouse must receive notice of the motion, and the court must hold a full hearing on the matter. A judge may grant an emergency order to evict a spouse in some circumstances, such as an immediate threat of physical harm to the petitioning spouse or the parties’ children.

Contact an Illinois Divorce Attorney for More Information

Depending on the facts and circumstances in your case, obtaining exclusive possession of the marital home during your divorce action may be a complex matter. An experienced Illinois divorce attorney can explain the legal implications of seeking sole possession of your home during your divorce action. If your spouse refuses to move out of the residence, it is wise to contact an attorney immediately to discuss your legal options for evicting your spouse. Contact the Illinois property division attorneys at Goodman Law Firm today for help.

Posted in: Divorce