Exclusive Possession of Home

When you and your spouse separate, one key question is often who will stay in the home. This can be especially important to custodial parents who want to be certain their children can continue attending the same school and maintaining contact with neighborhood friends. When you and your spouse can’t agree on who will live in the family home until the divorce is final, a divorce attorney can help by filing a petition for exclusive possession of the marital home.

Contact Berman & Associates, today for an initial consultation with a knowledgeable and experienced divorce lawyer. Based in Media, Pennsylvania, Berman & Associates has worked with thousands of families in Delaware County, Philadelphia County, and Chester County.

Experienced Divorce Attorneys Helping You Get Exclusive Possession of the Marital Residence During Divorce

Berman & Associates has decades of experience working with separated and divorcing couples to sort out their property concerns. I understand how important it is to keep possession of your home, for adults and children alike. I will help you make the case for exclusive possession of the marital home in the Pennsylvania divorce courts. Berman & Associates will also help you build a budget and advocate for child support and alimony or spousal support awards to make sure you can keep it after the divorce is final. Through thoughtful, proactive problem-solving, we will make your home a priority in your divorce.

How to Petition for Exclusive Possession of Marital Residence in PA

Divorce can be highly stressful, emotional, and conflicted. Trying to negotiate or prepare for a divorce trial while you and your spouse are living under the same roof can be challenging, and can increase the chances of conflict or even violence as your case progresses. Most couples will separate while the divorce is pending. However, if you and your spouse can’t agree on who will vacate the marital home, Berman & Associates can help you file a petition for exclusive possession as part of your divorce case.

If your spouse has been violent or abusive, you can get exclusive possession as part of a restraining order or Protection from Abuse order. This is the fastest way to remove your spouse from your home. You and your divorce attorneys will need to prove:

  • History of abusive behavior
  • Domestic violence against you or your children
  • Emotionally or psychologically detrimental conduct
  • Risk of physical harm

Even without a history of domestic abuse, one spouse can file a petition for exclusive possession of the marital residence based on your children’s best interest. This is most effective when your spouse voluntarily leaves the home and you and your divorce attorney can show it is in the children’s best interests that they stay in the home. This can include evidence related to:

  • Stress created when the parties are together
  • Children’s exposure to conflict, fighting, or aggression
  • Access to schools and extracurricular activities
  • Emotional and psychological evidence around offering children stability during divorce

Exclusive Use & Possession vs How Property is Divided in a Divorce

A petition for exclusive use and possession is temporary. It applies while your divorce is pending, and is separate from how property is divided in a divorce decree. However, getting an order for exclusive possession can make it more likely you will be awarded the marital home in the final divorce. A Pennsylvania divorce judge will consider who will act as custodian for the minor children and the standard of living you were accustomed to in your marriage, as well as other relevant factors. Our divorce attorneys can craft an argument using these factors to keep you in your home even after the divorce is final.

Berman & Associates: Experienced Media, PA Divorce Attorney

Contact today to schedule a consultation with Berman & Associates, who will provide the help you need to get exclusive possession of your family’s marital home during a Pennsylvania divorce and help ensure you receive it as part of your property distribution.

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