How to Obtain Temporary Possession of the House in an Oklahoma Divorce

If your home was purchased during the marriage, then neither spouse has superior rights to possession of the house. When a divorce is filed, an Automatic Temporary Injunction goes into effect, but it does not tip the scales in the favor of either spouse. If your divorce may take some time, you can seek a temporary order that includes an order awarding possession of the house to you.

Seeking temporary possession of a residence is a fact-sensitive inquiry. Does it make more sense for one spouse to have possession of the property? Questions may include:

• Does one spouse have more income and can afford the house on his or her own? If not, does the other spouse make enough money to continue to pay for the house and a new household for when they are displaced?

• Does the house have any special features that make it more accommodating for one spouse than the other?

• If there are minor children, will one spouse have more time with the children or be the primary parent in such a way that it makes more sense for that parent to have possession of the house?

• Does one spouse travel for work such that the other spouse should be able to keep the house?

• If the house is going to be sold, is one spouse more likely to help make the house ready for sale and cooperate with the realtor?

In most cases, temporary property possession is determined by agreement. However, in cases where there is no agreement, a temporary order hearing is necessary. A temporary order hearing is a mini-trial where witnesses are sworn and testify. If you want to maintain temporary possession of the house during your divorce, you cannot take it for granted that your spouse will agree, and you need a trial lawyer who knows how to make a compelling courtroom presentation. The lawyers at Bundy Law are trial lawyers who work in courthouses across the U.S. Interior Highlands in Oklahoma, Arkansas, and Missouri, every day.