When marriages break down spouses might find themselves in a standoff over who will remain in the home, which can be especially difficult if there are children involved. In cases where spouses cannot agree on how property will be divided during the divorce process, one spouse can ask the court for temporary orders to obtain possession of the marital home until the divorce is finalized.
Spouses typically both own the marital home and have rights to stay during the divorce process. However, courts will sometimes award temporary possession to one spouse in situations where marital strife is affecting children in the home, or when constant arguments or perhaps even drug and alcohol fueled angry outbursts are making the situation unbearable. If one spouse is intent on wreaking havoc at home, a judge can order that spouse out of the home as the divorce proceeds providing temporary residence to the other spouse, especially if that spouse is the primary caregiver to the children.
When domestic violence is an issue in the marriage, a spouse may ask the court for a domestic violence restraining order which invariably results in the offending spouse having to leave the home. One spouse may be given temporary residence of the home while the allegations of abuse are investigated.
If one spouse is given temporary possession of the marital home, it does not mean that the home will go to that spouse when the divorce is finalized, as marital property is still subject to equitable division in Illinois. In cases where one spouse is awarded the home in a divorce settlement, the other will receive assets of roughly equal value.
If you have questions regarding temporary possession or exclusive possession of the marital home in a divorce, contact the law offices of Schlesinger & Strauss for assistance at 847-680-4970.