Wednesday, February 1, 2012

Exclusive Use of the Marital Home

Very often a spouse awarded majority time sharing (formerly known as custody) of minor children is also allowed to remain in the marital home until the children are out of high school. This is done primarily for the benefit of the children in order to minimize disruption to their lives.

Unfortunately, this situation often creates a hardship on the spouse that leaves the home. Since the house is not sold, the departing spouse still has their name on the mortgage and is often not able to obtain a mortgage for another home. Also, since the marital home is not sold, the departing spouse does not receive any of the marital home's equity until it is sold.

A recent case from Florida's First District Court of Appeals has provided a reason to sell the marital home prior to the children finishing high school. The Court decided that if the in possession spouse remarries, then their period of exclusive use and possession must end. Fisher v. Fisher, 4D10-383 (Fla. 4th DCA January 25, 2012).

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1 comment:

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