×
Menu
Search

May 29,2019

Divorce

staff@goodmandivorce.com

Illinois Divorce Attorney – Exclusive Possession of the Marital Home

HomeBlogDivorceIllinois Divorce Attorney – Exclusive Possession of the Marital Home

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.

Share:

Facebook Twitter shop insta

Archives

LATEST POSTS

Related Posts

Is Collaborative Divorce Right for You?

07 Jan 2025

Divorce is rarely an easy journey, but the path you choose can shape your experience and outcome. For couples seeking a resolution that avoids the courtroom and fosters cooperation, collaborative…

What is an emergency custody order?

05 Dec 2024

Child custody matters can be emotional and complex, particularly when urgent circumstances arise. An emergency custody order is a legal tool designed to protect children in situations where their health,…

Temporary Orders in Family Law: What They Are and How They Work

18 Nov 2024

When immediate decisions are required to protect your family or your rights, temporary orders can be a crucial tool in family law cases. These orders play a vital role in…

Feel Free to Ask a Question

We are here to answer any questions you may have about our legal services and how we can help with your family law problem.

We make every effort to return your email
or call the same business day or within 24 hours.

At Goodman Law Firm, we take your privacy seriously. Please leave us only a private cell phone number or private email address where you may be reached.