Exclusive Possession Of The Marital Home In A Florida Divorce - Russell Knight

BSPE Legal Marketing Podcast

From Law Office of Russell Knight - In this podcast episode, we explore 'Exclusive Possession Of The Marital Home In A Florida Divorce.' Understanding who gets to stay in the marital home during a Florida divorce can be complex, especially without an official law regarding changing locks or keeping the house. We'll discuss how exclusive possession of the marital home is determined and the legal procedures involved.

During a Florida divorce, both parties have access to the marital home, but issues arise when one party wants to change the locks or prevent the other from entering. We delve into the conditions under which a party can request exclusive possession through motions for temporary support, time-sharing, or other relief, particularly when children are involved. We also touch on the implications of domestic violence injunctions or restraining orders in granting exclusive possession.

We'll explain how Florida courts consider factors such as the best interests of the children and financial feasibility when awarding exclusive possession of the marital home. Additionally, we discuss the possibility of awarding exclusive possession as a substitute for child support. For couples without children, the criteria for granting exclusive possession can be more stringent, often requiring a special purpose or equitable reason.

Join us as we navigate the intricacies of exclusive possession of the marital home during a Florida divorce. Whether you are in the midst of a contested or uncontested divorce, understanding these legal aspects can help you better prepare for negotiations or court proceedings. For more information and personalized guidance, contact Naples, Florida family law attorney Russell Knight for a free consultation.
Law Office of Russell Knight
1415 Panther Ln #218, Naples, FL 34109, United States
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