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Can I file a Motion for exclusive use a marital home during divorce prosess?
Anonymous2 views2 answers
My ex obtained annulment by a way of fraud in another state and I filed a Motion to set aside a Decree . The case is re-opened. Can I file a Motion for exclusive use a marital home (mobil home), if the home is located in community 55+ but I am not 55. I have been living in this house for almost 8 years as his wife and now my infant lives here with me. He registrated the house on his name only when we were married.
Yes, the court has jurisdiction to award you exclusive use and possession of the home. There are many details here that should be discussed with an attorney familiar with this type of proceeding in family law. Good Luck!
Yes. Your attorney will be very interested in learning whether there were any threats of physical violence and whether a restraining order might be appropriate.
Even if the home is the separate property of one spouse, if a child lives there, the court can order that the other spouse have sole possession and use of the house/residence up until the time when the child reaches the age of majority (usually 18, but can be 19 if the child is still in school and has not graduated HS; different rules may apply if the child is disabled.)
Just because the court has the power to allow you to have exclusive possession, that does not mean that the judge will side with you. There are many factors to consider.
If you do not have a lawyer, or are not happy with your lawyer, you should get (and pay for) consultation with 3 lawyers and decide how to proceed.
