Sentences with phrase «spouse exclusive possession»

For example, if a court is considering making an Order giving one spouse exclusive possession of the matrimonial home, the court is obliged under the Family Law Act to take into account the following:

Not exact matches

Usually when an order for exclusive possession is made, the court order will also include a term that the other spouse can periodically enter or enter on a specific date for a pre-specified purpose.

Normally a spouse is allowed to reenter the home after an order for exclusive possession for reasons such as the need to retrieve certain belongings or sometimes to exercise custody or access to children.

For the spouse who remains in the home, the obligation to pay occupation rent is usually imposed by a court pursuant to the Family Law Act, which authorizes it in the right circumstances, provided he or she has been awarded exclusive possession.

If one spouse wants to be able to live in the house after separation either alone or with children, one option is to ask the Court for an Exclusive Possession Order.

If your spouse is violent, you can request that the Court grant you exclusive possession of the family home.

An Exclusive Possession Order essentially allows one spouse to keep the other out of the house.

Direct that a spouse be given exclusive possession of the home (regardless of whose name the property is in);

The Family Law Act, SA 2003, c F - 4.5 (FLA), allows for exclusive possession orders to be made in relation to the family home as part of an order providing for child or spousal support, and can include an order evicting a spouse or adult interdependent partner and restraining them «from entering or attending at or near the family home» (section 68 (1)-RRB-.

Finally worth mentioning is that, regardless of who owns the matrimonial home or its contents, and despite a spouse's right of possession, a spouse can ask the court for exclusive possession of the home (among other things).

Interestingly, even if a court orders that ONE party be given exclusive possession of the matrimonial home, it can still direct that party to make periodic payments to the other spouse (among other things), pay for all or part of the repair and maintenance of the matrimonial home, and keep or remove certain contents of the matrimonial home.

One spouse (usually the custodial parent) remains in the home with the exclusive use and possession for a certain period of time (for example, until the youngest child graduates from high school), then either buys out the other spouse or sells the home and divides the proceeds.