| The short answer is yes. The court can order that one | | | | In other cases, the parties are simply living as |
| spouse be removed from the marital residence while | | | | roommates within the same marital residence. In those |
| the other spouse can be granted exclusive possession | | | | instances, the court will not order either party to leave |
| of the marital residence. In practicality, the process and | | | | the marital residence. As long as the parties refrain |
| end result is not nearly that simple. | | | | from any type of altercation, each has the right to |
| There first must be on file a verified petition or verified | | | | remain in the premises. In re the Marriage of Lombaer, |
| complaint seeking that one spouse be temporarily | | | | wife's hospitalization for mental problems and failure to |
| evicted from the marital residence. The court can | | | | take prescribed medication were insufficient evidence |
| order granting exclusive possession to one spouse | | | | to establish that the mental or physical well being of |
| only in cases where the physical or mental well being | | | | the parties or the children would be jeopardized by |
| of either spouse or their children is jeopardized by the | | | | wife's presence in the home. |
| occupancy of both parties. The court will typically only | | | | Thus, you can begin to understand the court's dilemma. |
| make such a ruling upon due notice to each party and | | | | Has the petitioner shown the need for exclusive |
| after a full hearing. An exception would be that the | | | | possession of the marital residence? The court must |
| court may order exclusive possession upon good | | | | balance the request of the petitioner against the |
| cause shown, by way of injunction. However, the | | | | hardship that will be put on the party being removed. |
| former is much more common than the latter. An | | | | In many cases, both parties seek to remain in the |
| order for exclusive possession has no effect on the | | | | marital residence for economic reasons. Often times, it |
| parties' homestead rights or marital property rights. The | | | | is not until the divorce is final that the parties break |
| order simply places one spouse in the marital | | | | free. There may be significant equity in the property |
| residence and temporarily bars the other spouse from | | | | that cannot be divided until the property is sold. It is |
| being in the property. | | | | often in both parties' interest to remain in the martial |
| The requirements to have such an order entered are | | | | residence until that equity can be realized. |
| stringent. The petitioner must show or demonstrate | | | | In conclusion, the path to obtaining exclusive |
| that the physical or mental well being of either the | | | | possession of the marital home is often difficult. |
| movant or the children is in jeopardy. A simple | | | | However, under the appropriate circumstances and |
| threshold would be in the case of physical violence. In | | | | with the assistance of a skilled attorney, a party can |
| re the Marriage of Hofstetter, husband's admission that | | | | be granted exclusive possession of the marital |
| he had beaten his wife was sufficient to justify the | | | | residence. |
| award of exclusive possession to his wife. | | | | |