– Walker Law –
Exclusive Possession of Homestead Pending Dissolution of Marriage
Exclusive Possession of Homestead Pending Dissolution of Marriage – Introduction
During the course of a dissolution of marriage proceeding one spouse usually moves out of the residence and finds another residential dwelling in which to reside pending the final judgment of the court.
In some situations, there may be a dispute as to who is going to stay in the marital home and who is going to move out. When there is a disagreement, the parties may seek the assistance of the court to decide the dispute and request that the court make a ruling as to whether the home will be sold immediately or whether one spouse will be entitled to reside in the home while the other spouse is required to move out pending further proceeding.
The courts authority to make this determination is authorized by statute as follows:
Temporary maintenance and temporary support may be awarded as provided in section 518.131. The court may also award to either party to the proceeding, having due regard to all the circumstances and the party awarded the custody of the children, the right to the exclusive use of the household goods and furniture of the parties pending the proceeding and the right to the use of the homestead of the parties, exclusive or otherwise, pending the proceeding. The court may order either party to remove from the homestead of the parties upon proper application to the court for an order pending the proceeding.
(Minn. Stat. Ann. § 518.62)
Subd. 3. Sale or distribution while proceeding pending.
(a) If the court finds that it is necessary to preserve the marital assets of the parties, the court may order the sale of the homestead of the parties or the sale of other marital assets, as the individual circumstances may require, during the pendency of a proceeding for a dissolution of marriage or an annulment. If the court orders a sale, it may further provide for the disposition of the funds received from the sale during the pendency of the proceeding.
(b) The court may order a partial distribution of marital assets during the pendency of a proceeding for a dissolution of marriage or an annulment for good cause shown or upon the request of both parties, provided that the court shall fully protect the interests of the other party. (Minn. Stat. Ann. § 518.58)
The process for obtaining such an order is by filing a Motion as follows:
(a) Requirements for Motions.
(1) Moving Party, Supporting Documents, Time Limits. — No motion shall be heard unless the moving party pays any required motion filing fee, properly serves a copy of the following documents on all parties and files them with the court administrator at least 21 days before the hearing:
(i) Notice of motion and motion in the form required by Minn. Gen. R. Prac. 303.01 and 303.02;
(ii) Relevant affidavits and exhibits; and
(iii) Any memorandum of law the party intends to submit.
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If you are considering filing for a dissolution of marriage and are concerned about your living situation immediately after filing there are steps that we can take to assist you in obtaining the relief that you need. You may contact our office for a free 15-minute consultation.
