Tag: marital residence

Exclusive Possession of Marital Residence

July 07, 2010 | Divorce, Legal Perspective, Marital Property

Icon for author Brian Vertz Brian Vertz

A thorny issue that arises early in many divorce proceedings is the question of who may live in the marital residence during the separation period. Generally speaking, the courts will not evict either spouse from the marital residence during separation if they are living together peacefully and have not voluntarily moved away. This principle leads some devious spouses to seek questionable or even fraudulent protection from abuse (PFA) orders. Spouses who […]

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