Naples family law attorney Russell Knight (https://divorceattorneynaplesfl.com/exclusive-possession-of-the-marital-home-in-a-florida-divorce/) of the Law Office of Russell Knight has published a new article titled "Exclusive Possession Of The Marital Home In A Florida Divorce." This informative piece aims to shed light on the complexities surrounding the issue of exclusive possession of the marital home during divorce proceedings in Florida.
Naples family law attorney Russell Knight discusses the nuanced topic of whether one party has the right to change the locks or retain exclusive possession of the marital home during a divorce. "There is no official law regarding changing the locks or keeping the house during a Florida divorce," Knight explains. "The issue of whether one person has the right to change the locks depends on who has exclusive possession of the marital home."
The Naples family law attorney emphasizes that both parties to the divorce typically have access to the marital home since they are both residents and likely on the lease or deed. However, an immediate determination of who gets to stay in the home is not made upon filing for divorce. "Typically, one party will move out because if you’ve filed for divorce, you simply don’t want to live with the other person any longer," Knight notes. "Even though one party may have moved out, that does not mean they have no right to return to the marital home."
To address potential conflicts, Knight details the role of domestic violence injunctions or restraining orders. "If there has been an incidence of domestic violence, the victim may request a court order that includes a clause providing them with exclusive possession of the marital residence," he explains. This measure ensures the safety and stability of the victim until the award or distribution of the marital home can be resolved in a subsequent divorce action.
The article also covers the process of obtaining exclusive possession of the marital home before the divorce is finalized. According to Naples family law attorney Russell Knight, this is typically achieved through a motion for exclusive use and possession of the marital residence. "If the parties have children, exclusive possession is usually granted through a motion for temporary support, time-sharing, and other relief with dependent or minor children," Knight states. "If there are no children, a court is less likely to grant exclusive possession unless there have been incidents of violence."
Knight also provides practical advice on the contentious issue of changing the locks without a court order. "I cannot advise you as to whether changing the locks is forbidden or worthwhile," he says. "Your personal safety is your concern, and I won't fault anyone for taking safety precautions that do not harm the other party." However, he warns that without a court order, the spouse might call the police, leading to a civil matter that should be addressed in divorce court.
The article further explores scenarios involving children, highlighting that the Florida statutes provide for the marital home to be awarded to the parent with the children if it serves their best interests and is equitable. This guidance helps determine who should hold the marital home during the interim stages of divorce and can even serve as a substitute or supplement for child support.
For cases without children, Knight explains that it is challenging to ask the court to award the entire house to one person. "A marital home can be awarded exclusively if there is a 'special purpose,'" he notes. Often, such awards result from agreements between the parties, whether the divorce is contested or uncontested. Knight advises focusing on negotiation with the spouse rather than relying solely on court intervention.
Readers seeking to understand the intricacies of exclusive possession of the marital home in a Florida divorce can gain valuable insights from this article. It provides a clear, step-by-step explanation of the legal and practical aspects involved, making it an essential resource for anyone navigating this challenging issue.
For a deeper understanding of exclusive possession of a marital residence in a Florida divorce, contact Naples family law attorney Russell Knight for a free consultation.
About The Law Office of Russell Knight:
The Law Office of Russell Knight offers dedicated legal services in family law, with a focus on divorce, child custody, and support matters. Located in Naples, Florida, the firm is committed to guiding clients through the complex aspects of family law with clarity and compassion.
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