Exclusive Use of the Marital Residence

One of the most common issues faced by married couples when they decide to split up is determining who will stay in the marital residence. This situation is typically seen when one or both parties do not have the financial resources to support a separate residence, though it does occur in a multitude of other situations as well.

Oregon law gives parties facing divorce an opportunity to ask the Court for “Temporary and Exclusive Use of the Marital Residence” in two situations. First, under ORS 107,095(1)d, if children reside in the marital residence, the Court will order one parent to move out “for such period of time and under such conditions as the court may determine” if the Court decides that it is in the “best interests of the children” for one parent to move out. The court’s best interests of the children analysis is a complex legal determination which I explored in an earlier post. Secondly, ORS 107.095(1)g allows a party to obtain exclusive use if the Court finds that one of the parties has assaulted or threatened to assault the other party.

If you, or someone you know in the Portland area needs advice on a family law matter such as exclusive use of the marital residence, please have them contact the law firm of Bobzien McGuire at (503) 245-0894 or by email at loren@portlandfamilylaw.com. Our law firm specializes in family law and would be happy to advise you any matter pertaining to domestic relations legal services.