In Connecticut, use and possession orders are court orders that temporarily grant one spouse the exclusive right to use and possess certain marital property, usually the family home and its contents, until the finalization of the divorce proceedings.
If you were to apply for this temporary order, how exactly will it benefit you?
Providing a stable environment for your child
The primary purpose of a use and possession order is to provide you with stability and continuity, particularly when you have a child, while the divorce is being finalized. This order aims to minimize disruption in your child’s life by allowing them to remain in the family home and maintain a sense of normalcy.
Maintain your asset’s value
A divorce can have serious implications on a joint property mortgage. Securing a temporary order for the use and possession of your home can also help you maintain its value. This allows you to pay your mortgage on time and prevent your home from becoming devalued.
Prevent your spouse from disposing properties
Use and possession orders can also protect the economic interests of the spouse who remains in the home by ensuring that the other spouse cannot take, sell or otherwise dispose of items in the home until the divorce is final and the court or both parties settle the property division terms.
Your considerations
The court considers various factors when determining whether to issue a use and possession order, including the best interests of the children, the financial situation of each spouse and the availability of alternative housing.
If you are considering applying for a temporary order, understanding these factors can help you make informed decisions and set your expectations. Seeking guidance from an experienced property division lawyer may help you fulfill your goals of protecting your property interests and your family’s security.
