Can a spouse be granted exclusive use of a premarital property during the pendency of the divorce, if the other spouse resides in a different State?

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Can a spouse be granted exclusive use of a premarital property during the pendency of the divorce, if the other spouse resides in a different State?

Wife filed for divorce. Husband moved to Florida. Wife has been living in the
premarital property for more than 30 days. Husband wants to be able to live in the
property during the 3 day trial that is going to take place in 2 months. Can Wife
file for exclusive use even though it is Husband’s separate property?

Thank you.

Asked on January 3, 2019 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it is separate and non-marital property, then she has no right to use the property and the court should have no power to order that she has any use, exclusive or otherwise: only marital property should be under the court's power. The husband may have to provide proof to the court that it was separate property, since the court's presumption is likely that all property is marital unless shown otherwise.


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