Firm Highlights

Q: Can I use property that is titled in my spouse’s name alone or titled jointly if it is necessary for the children?

Yes, the court can award use and possession of family use property. This includes the family home and family use personal property.

A house is the family home if it was acquired during the marriage, was used as the principal residence of the parties when living together, is owned or leased by one or both parties, and is being or will be used by one of the parties and a minor child as the principal residence.

Family use personal property is property acquired during the marriage, is owned by one or both of the parties, and is used primarily for family purposes. It includes motor vehicles, furniture, furnishings, and household appliances.

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