A family home or other property may or may not be marital property depending on whether or not it was acquired before the marriage and whether or not marital funds were used to maintain it during the marriage. Property can also be partially marital and partially non-marital property.
In the course of a divorce a Judge has to determine what is marital property and determine what would be an equitable way to split the marital property. A judge does not have to equally divide the property but can give as much or as little marital property to either spouse as the judge determines is fair.
During the course of the divorce, and depending on whether their are minor children, one spouse may end up with use of the home based on a protective order proceeding or a use and possession order. Another possibility when there are no minor children and only one spouse is on the deed is to try to remove the other spouse from the marital home through the landlord/tenant court.
For a free consultation or a quick response to your questions regarding use and possession of the Family Home and Family Use Personal Property, contact Timothy Leahy below: