The Courts can provide that a parent with custody of a minor child or children can have use and possession of the family home for up to three years from the date of divorce. Even before a couple is divorced, the Court can order that one of the parties remain in the marital home with one or more of the minor children under a use and possession order.

The use and possession of the family home can be a major factor in any divorce proceeding. Even before a full trial is held on the divorce, including custody and the distribution of marital assets, a party can request a hearing before a Master for Domestic Relations to obtain use and possession of the family home. In granting a use and possession order, the Court can also order how the mortgage, utilities and other bills related to the home are to be paid and by which party.

After a complaint for a divorce is filed, a Scheduling Conference is generally set to occur in approximately six weeks. At the Scheduling Conference a date for a hearing on a variety of pre-divorce issues, including use and possession of the family home can be scheduled. Although the family home may ultimately have to be sold, obtaining use and possession of the family home can delay the sale of the family home and insure some stability for the children of the parties who are going through a separation and divorce.

If you are considering a separation or divorce, you should always consult with an attorney to determine whether you may be entitled to remain in the family home with your minor child or children.

In addition to the use and possession of the family home, a hearing before a Master can also afford a party temporary alimony and child support to enable the parties to maintain their status quo prior to a full blown hearing on all of the issues at a divorce trial. If you are a spouse who has not worked during the marriage, is not currently working, or has been cut off from access to marital funds, you can also request money to pay your anticipated attorney fees and litigation costs and your spouse can be ordered to pay for same.

The attorneys at The Law Firm of Fishbein & Fishbein, P.A. have more than 70 years of combined experience in dealing with divorce and custody issues and they will be happy to advise you regarding your rights to remain in the family home and other issues.