Owning a home in Louisiana comes with many responsibilities. Things may become more complex when spouses enter into divorce proceedings while co-owning a home. Disagreements over who lives in the home during the divorce could be highly stressful. Seeking a court order for “exclusive rights” might be necessary.
Depictions in entertainment often show one spouse moving out of the home with no disagreements over who leaves. In real life, both spouses have the right to live in the property while divorce proceedings take place. Until the court makes a final decision, rights to the residence exist. Such a right does not extend only to joint property owners; even if only one spouse owns the home, the other may have rights.
To deal with the situation, spouses could request a court order for exclusive use. Once the court issues the order, one spouse may remain in the property while the other must relocate. Such an order might curtail a potentially volatile situation, so an exclusive rights order could support the safety of one or both spouses.
The notion of safety brings up another point. The court order does require cause for its issuance. Issues of domestic violence or mental cruelty could factor into the court’s decision.
Joint ownership means that both parties have a stake in the property. When the spouse ordered to move leaves, he or she does not relinquish decisions on upkeep, repairs, liabilities and other responsibilities. The joint owner does maintain an interest in the property.
In time, divorce proceedings will come to an end with an agreement reached or a decision rendered. A family law attorney may assist a spouse who is seeking a favorable outcome.