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San Jose Divorce Attorney > Blog > Family > Exclusive Possession and Living with Your Ex During a Divorce in San Jose, California

Exclusive Possession and Living with Your Ex During a Divorce in San Jose, California


Divorce is often a tumultuous and emotionally challenging process, and one of the most difficult aspects can be determining living arrangements while the divorce is pending. Exclusive possession, a legal concept that allows one spouse to remain in the marital home during this time, is frequently invoked in such situations. In San Jose, California, the experienced family law attorneys at Foster Hsu, LLP understand the complexities of exclusive possession and can provide guidance for those facing the difficult decision of living with their ex-spouse during a divorce.

What is Exclusive Possession?

Exclusive possession, also known as exclusive use and possession, refers to the legal right of one spouse to occupy and use the marital home exclusively, effectively excluding the other spouse. This arrangement becomes essential when divorcing couples cannot agree on living arrangements and tensions are high.

What Do the Courts Consider?

In San Jose, as in many other jurisdictions, the courts recognize the importance of exclusive possession for personal safety and the well-being of the parties involved. Courts will consider various factors when deciding whether to grant exclusive possession, including:

Safety Concerns: If there is a history of domestic violence, harassment, or unsafe conditions in the home, the court is more likely to grant exclusive possession to the requesting spouse to ensure their safety and that of any children involved.

Child Custody: The best interests of the children are a primary consideration. If awarding exclusive possession to one parent helps maintain stability and routine for the children, the court may grant it.

Financial Ability: The court will also consider the financial capabilities of both spouses. If one spouse can afford alternative housing while the other cannot, this may weigh in favor of granting exclusive possession to the financially disadvantaged party.

Property Ownership: Legal title to the marital home can influence the court’s decision. If one spouse owns the home separately or has contributed significantly to its purchase and maintenance, they may have a stronger claim to exclusive possession.

Temporary Orders: Exclusive possession is often granted on a temporary basis while the divorce case is pending. Once the divorce is finalized, a more permanent arrangement for property division will be determined.

So Should I Move Out?

It depends on the case.

Our attorneys are here to advise you on what is best for your case.

Sometimes, the parties can come to an agreement regarding who stays in the home. For example, if parties have two homes, each spouse may take a residence.

Foster Hsu LLP Can Help You Understand and Navigate Exclusive Possession

Foster Hsu, LLP is dedicated to providing compassionate and expert legal support to clients during their divorce cases. Our commitment to delivering personalized legal solutions and our reputation for achieving favorable outcomes make us a trusted choice for individuals navigating the complexities of divorce in San Jose. If you find yourself facing the complexities of divorce and exclusive possession, reach out to the San Jose family lawyers at Foster Hsu, LLP today.

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