Can a spouse be granted exclusive use of a premarital property during the pendency of the divorce, if the other spouse resides in a different State?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a spouse be granted exclusive use of a premarital property during the pendency of the divorce, if the other spouse resides in a different State?
Wife filed for divorce. Husband moved to Florida. Wife has been living in the
premarital property for more than 30 days. Husband wants to be able to live in the
property during the 3 day trial that is going to take place in 2 months. Can Wife
file for exclusive use even though it is Husband’s separate property?
Thank you.
Asked on January 3, 2019 under Family Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If it is separate and non-marital property, then she has no right to use the property and the court should have no power to order that she has any use, exclusive or otherwise: only marital property should be under the court's power. The husband may have to provide proof to the court that it was separate property, since the court's presumption is likely that all property is marital unless shown otherwise.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.