What Does Use and Possession Mean in A Divorce Proceeding?

Understanding How a Divorce Proceeding Works

When a married couple decides to divorce, the process can be long and complex. Once the type of divorce has been decided, one party will file, and the other will respond. After this comes discovery, during which the parties can request information and documents from each other. This information will include things like debts and assets, how each party will speak on certain issues, and which witnesses will be asked to testify in court. Negotiations and mediation can happen during this phase, and each spouse’s position will be clarified. While this is happening, the court will sometimes put forth temporary orders regarding things like child custody and the dispensation of marital property. One legal term that might be used during this time is “use and possession.” What does it mean, and why does it matter?

Why “Use and Possession” Matters in a Family Law Divorce Case

Use and possession is meant to give children stability, by granting them use of the family home and possessions. In a case in which no children are involved, use and possession is not taken for granted. While ensuring that children are protected matters a great deal, use and possession isn’t concerned with distribution of assets for the benefit of adults.

Legal Meaning of “Use and Possession” in Divorce Law

The courts can grant use and possession of the family home and personal property during the divorce proceedings, and for up to three years after the divorce is finalized. The property involved includes the principal residence of the family, as well as items that are primarily used for the family, like appliances, vehicles, electronics, and furniture. Anything acquired before marriage or through inheritance, and anything excluded by a prenup or other legal agreement is excluded from the umbrella term of family property.

Purpose of Use and Possession Orders in a Divorce Child Custody Proceeding

Use and possession orders are used to provide stability for minor children. Generally, the custodial parent may request and will probably be granted use and possession of the family home and other possessions. This doesn’t mean that this is the final dispensation: that will be resolved once the divorce settlement is finalized. Giving the custodial parent use and possession simply allows the children to maintain a sense of normalcy, continuing to live in their family home.

Who Can Be Granted Use and Possession in Divorce Proceeding?

When deciding use and possession, the court takes several factors into consideration. The needs of the children are the primary focus, but the way in which the order would affect the spouses is contemplated, as well. The point is not to cause anyone undue hardship, but to make the process go more smoothly. Note: sometimes, “exclusive use and possession” orders are granted, and these are commonly called “kickout orders,” because they mean that one party must vacate the premises. This is typically done in cases of domestic violence and abuse. If the use and possession order is extended beyond the finalization of the divorce, it’s usually with the caveat that if the person remarries, the order is terminated.

Legal and Financial Implications in Divorce Law

It’s important to note that use and possession orders are temporary, and don’t dictate the final division of property. For instance, while the custodial parent may be granted the use of the family home and vehicle during the divorce proceedings, this doesn’t mean that the house won’t be sold once the divorce is settled, and the profits divided. The family home is still a shared asset, and as such, needs to be handled in the divorce settlement. Because Maryland is an equitable distribution state, the law is focused on dividing assets fairly, and this can be a complicated process.

Finding a Competent Divorce Law Firm

When you are looking for a divorce law firm with experience and a reputation for excellence in family law, contact the Law Office of Kent L. Greenberg. Since 1981, we have been successfully assisting clients in the Baltimore County area, and our seasoned professionals work hard to resolve our clients’ legal issues, analyzing each case to determine the best strategies for handling each unique situation. Each family and divorce law issue is unique, and there is no one solution to meet every need. Having effectively handled numerous cases in our decades of experience, our firm understands the laws and protocols specific to Maryland, and will put our knowledge and expertise to work for you. When you have a domestic legal issue, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.