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Use and possession award during a divorce

On Behalf of | Jun 30, 2023 | Divorce |

When couples go through a divorce, property division is one of the key issues that arise. Sometimes, a judge may award one spouse the exclusive right to use and possess certain properties temporarily. This means that the spouse with custody of the couple’s minor child may be granted the use of the family home, car, furniture, furnishings and home appliances. This type of award is referred to as a use and possession award.

Factors to consider

The court considers several factors when making such an award. Firstly, the best interests of the child are of utmost importance. The court evaluates whether it is in the child’s best interest to continue living in the family home or using the other properties. Secondly, the court considers the interests of each party in using the property either as a dwelling place or to generate income. Lastly, the court also considers any hardships the parent who does not receive the possession may face.

Time limit

It is important to note that a use and possession award has a time limit. It must terminate no later than three years after the divorce is finalized. This ensures the award is temporary and allows both parties to make new arrangements for their living situation.

Financial responsibilities

Additionally, a use and possession award can include financial responsibilities. The court has the authority to allocate expenses related to the property covered by the award. This may include mortgage or rent payments, debt associated with the property, and other maintenance costs.

The courts can temporarily grant one spouse exclusive use and possession of specific properties. These awards provide a crucial support system, paving the way for fair resolutions and fresh starts after the divorce.