Full question:
A divorced couple own a house jointly (each owns 50%) in Tucson, Arizona. One party wishes to move out; the other doesn't. How is this resolved?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: New York
Answer:
Both spouses have equal legal rights to remain in the home until a court orders one spouse to have "exclusive possession" or one spouse voluntarily moves out. Simply wanting to live separately is not enough to prevent the other spouse from staying in the home. However, if there are concerns about immediate violence, it may be reasonable to lock the other spouse out temporarily until law enforcement can be contacted and a restraining order is sought. In extreme cases, emergency court orders can be requested.
When a divorce is filed, one spouse may request exclusive possession of the marital home while the divorce is pending. A restraining order can also be sought to keep one spouse from entering the home, but typically requires proof of a threat of harm. Without a court order, one spouse cannot lock the other out if the other has not abandoned the property. If the home is deemed abandoned, the remaining spouse may be granted exclusive possession and the right to change the locks.
The court will divide the couple's property equitably based on the circumstances. All property is subject to division if it is determined that both parties contributed to its acquisition or improvement. Moving out alone usually does not impact property settlement, but it may affect support or parenting time arrangements if there are minor children involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.