A court may award use and possession of the family home and use of family personal property to a spouse who has been awarded custody of a minor child of the parties. (Step children are not included). Three prerequisites must be satisfied before such use and possession may be awarded: (i) one spouse must have grounds for divorce, either absolute or limited; (ii) an award of custody of a minor child of the parties is granted to that spouse; and (iii) a demonstrated need for the minor child to continue to live in the family home is established. The purpose of such use and possession of the home and personal property is to permit a minor child to continue to reside in the community in which he or she is familiar. A court may also order that either or both parties pay any mortgage payments or rent; insurance and taxes or similar expenses of the family home during the use and possession occupancy.

Contact our lawyers at Corbin, Schaffer & Aviles 410-544-0314.