The court has the power to grant a spouse exclusive occupancy of the marital residence. You must formally apply to the court for this relief, and if you demonstrate a legally sufficient need for exclusive occupancy, you may obtain the right to live in the house – at least while the divorce action is being litigated – even before the other matters are resolved.

If there is evidence of recent physical abuse, or threats of imminent domestic violence, the court may impose an order of protection excluding the violator from the home.