Questions You Want Answered > Property Division in Divorce > What is Use and Possession?
If the parties to a limited or absolute divorce or annulment have children together, the Court may order that a parent with custody of a child have the sole possession and use of the home that was used by them when they lived together, is owned or leased by one of the parties at the time of the hearing and is used or will be used as a principal residence of a child of the parties. The Court may order the exclusive use and possession of any personal property used primarily for family purposes. Family use personal property includes cars, furniture, furnishings and household appliances.
The purpose of a use and possession order is to allow a child of the family to stay in the home and environment that are familiar to them during the period when the family transitions. It means that no party may force the sale of that property during the period of use and possession. The Court considers any hardship that may result to the party by ordering any period of use and possession. Any use and possession order must terminate no later than 3 years after the granting of the limited or absolute divorce or annulment. The period of use and possession may be shorter.
Last updated on January 14, 2013 by Karen Robbins, Attorney at Law