Possession of the family residence granted to one party in a divorce or separation proceeding, preventing the other party from living there, is a common consideration in family law. This arrangement often arises when determining temporary living arrangements during the legal process or as part of the final divorce settlement. For instance, a court might award this right to a parent with primary custody of children to maintain stability for them.
Maintaining stability and minimizing disruption are key advantages of this arrangement, especially when children are involved. It allows the custodial parent and children to remain in a familiar environment during a turbulent time. Historically, such arrangements aimed to ensure the well-being of dependent family members and prevent unnecessary upheaval caused by the divorce proceedings.
