If my huband’s motion for exclusive use of the home was denied, does that mean that I now have exclusive of the home?

UPDATED: May 27, 2011

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If my huband’s motion for exclusive use of the home was denied, does that mean that I now have exclusive of the home?

My husband’s motion for “use of the home” was denied. I have been living in the house since I filed for divorce a couple months ago. I also have a temporary restraining order against him. He has been paying the mortgage but will not now. How long can I ask him to help pay the mortgage when neither us can refinance and I will be keeping the home. Do I need to file the motion too, or do I legally have exclusive use of the home now, due to his denied exclusive use?

Asked on May 27, 2011 under Family Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to consult with a family law or divorce law attorney in regards to this. It sounds as if it is a complex situation.

For example, the opposite--so to speak--of your husband's exclusive use of the home is *not* your exclusive use; just because your husband may not exclusively use the home does not mean that you necessarily get exclusive use. Rather, it may mean that *both* of you have some right to use the home (e.g. that you both have non-exclusive use). You probably do wish to bring some legal action, such as for declaratory judgment, to fully settle rights to the home, but this is something you should discuss with your divorce attorney.

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