Exclusive Possession of the Marital Home: What You Need to Know

Ending a marriage can be a stressful and emotional life event. For many couples in Colorado, one of the biggest challenges is figuring out where each spouse will live during the divorce. Sharing a home with someone you are separating from can feel uncomfortable, tense, or unsafe.

In these situations, the court may grant exclusive possession of the marital home. Such an arrangement allows one spouse to stay in the residence while the other moves out. Understanding when this option is available and how it works can help you make decisions that protect your comfort, safety, and family stability.

If you have questions about possession of your marital home or, would like to speak with a Denver divorce attorney, please contact us today.

Table of Contents

Table of Contents

1. What Does Exclusive Possession of the Marital Residence Mean?
2. When Can Exclusive Possession of Property Be Granted?
3. Exclusive Use and Possession of Marital Home vs. Property Division
4. How to Get Exclusive Possession of the House During Divorce
5. How Plog & Stein Can Help You Navigate Living Arrangements During Your Divorce

What Does Exclusive Possession of the Marital Residence Mean?

In Colorado, both spouses generally have the right to stay in the marital home while a divorce is pending. That access only changes if the court issues a temporary order or injunction granting one spouse exclusive possession.

Exclusive possession of the marital residence means that one spouse has the legal right to remain in the marital home while the other must move out. It doesn’t change who owns the house or how the property will ultimately be divided in the divorce. Instead, it is a temporary arrangement that focuses on stability and fairness until there is a final property division order.

Sometimes, spouses agree on their own about who will move out and who will stay in the home. The court usually accepts the arrangement if it is fair and does not harm the children’s best interests.

If the parties cannot agree, the court determines living arrangements based on what is reasonable and necessary for the parties and any children involved. Exclusive possession may be necessary to protect someone’s safety, reduce conflict in the home, or provide children with consistency during the divorce process.

When Can Exclusive Possession of Property Be Granted?

Exclusive possession of property during a divorce is not granted automatically. Judges will look at the circumstances of each case to decide if one spouse should stay in the home while the other leaves. Some of the most common reasons for granting exclusive possession include:

• Safety concerns. If there is a history of domestic violence or a credible fear for one spouse’s or the children’s safety, the court may order the other spouse to leave the home.
• Best interests of the children. Courts focus on what arrangement will best support the children’s well-being, including allowing them to stay in the family home to preserve stability and routine.
• Practical or financial considerations. If one spouse cannot afford another place to live, or if it is more practical for one person to stay in the home, the court may grant exclusive possession.
• Protection of property value. Courts may allow one spouse to stay in the home to maintain it, prevent damage, or safeguard equity if the other spouse is not likely to do so.
• Reduction of conflict. If constant disputes make living together unbearable, judges may find it best for one spouse to move out to minimize ongoing conflict.
• Continuity during divorce proceedings. In some cases, the court may determine that keeping one spouse in the home until the divorce is finalized provides the most stability for everyone involved.

These considerations aim to protect family stability during a challenging time. Every case is unique, and a judge will weigh these factors carefully before making a decision.

Exclusive Use and Possession of Marital Home vs. Property Division

Exclusive possession is a temporary solution, intended only to address immediate living arrangements. It does not determine who will ultimately receive the house after the divorce. At the end of the case, the court will divide marital property according to Colorado’s equitable distribution laws. This means the court’s goal is to reach a fair, not necessarily equal, division of marital assets.

Even if you get exclusive use and possession of the marital home during the divorce, you may still have to sell or refinance the home to buy out your spouse’s interest once the case ends.

How to Get Exclusive Possession of the House During Divorce

Here are a few points on obtaining exclusive possession of the house and property in a Colorado divorce:

• File a motion with the court. The motion is a formal request asking the judge to grant you temporary exclusive possession of the residence.
• Provide supporting evidence. Courts may consider financial documents, proof of unsafe behavior, or details about the children’s best interests when deciding.
• Attend a temporary orders hearing. Many requests for exclusive possession are addressed at this stage, where each side can present its case.
• Seek an emergency order if necessary. In urgent situations, such as domestic violence or immediate safety concerns, the court may issue an emergency order to remove the other spouse from the home.

Taking these steps can help the court understand your situation and give you the stability you need while your divorce progresses. An experienced family law attorney can help you navigate this process.

How Plog & Stein Can Help You Navigate Living Arrangements During Your Divorce

If you are facing a divorce and need clarity on your living arrangements, understanding your options for exclusive possession of the marital home is crucial. The Denver marital property lawyers at Plog & Stein can evaluate your circumstances, explain your rights under Colorado law, and fight for the outcome that best protects your interests.

At Plog & Stein, P.C., we know how complicated these issues can be. With over 50 years of combined family law experience, our attorneys have helped countless clients navigate property division, custody disputes, and questions of exclusive possession. We approach each case with careful preparation.

We also understand the emotional weight of these decisions. Working with an attorney can help you emerge from the divorce process with a solid foundation for your future and your family’s stability. Our team is here to guide you through the process with clear strategies and practical advice.

Contact us today to discuss your case and learn how we can help you through this important step in your divorce.