What Does “Exclusive Possession of the Former Marital Home” Mean in a Divorce or Separation?
When people separate or divorce, one spouse is typically awarded “exclusive use and possession” of the marital home. This is usually implemented at a temporary hearing soon after the parties separate, but it is subject to change at the final hearing. In either case, an Order is issued specifying who has possession of the residence (and who doesn't).
If your spouse is granted exclusive possession of the former marital home, it means that you can no longer come and go from the residence as you did prior to the separation – even if all of your clothing is there; even if your other personal property is there; even if you are still paying all the bills to maintain the residence; and even if it is titled partially or solely in your name. Likewise, the flipside is true if you are granted exclusive use and possession of the home.
Should your spouse violate that provision, your options include: (1) pursing a contempt action (known as a Rule to Show Cause) in Family Court; (2) contacting your local law enforcement agency to pursue criminal charges of trespassing and/or burglary; and (3) both of the above. Violating the terms of an Order can result in a finding of contempt against you, for which the penalties in South Carolina can include up to: (1) one year in jail; (2) $1,500.00 in fines; (3) 300 hours of community service; or (4) any combination of those the judge deems appropriate.
The Stevens Firm, P.A. - Family Law Center has provided exceptional legal counsel and support to families throughout South Carolina for well over two decades, handling all types of family law matters, such as child custody, child support, and divorce, including complex cases. We are well-equipped to handle all family law matters, no matter your circumstances. Contact us at (864) 598-9172 to schedule an initial consultation.
About the Author: J. Benjamin Stevens
Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a National Vice President and Fellow in the prestigious American Academy of Matrimonial Lawyers, a Fellow in the International Academy of Family Lawyers, and a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only two attorneys in South Carolina with all three of these distinctions.