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How to Obtain Dwelling Exclusion Orders

How to Obtain Dwelling Exclusion Orders

In some divorce cases, both parties refuse to leave the home. Many in this situation find themselves wondering if there is a legal method of requiring the spouse to leave the house.

Family law typically requires that there be a showing of assault or a threat of assault when this type of request is made on an emergency basis. If the request is made on a non-emergency basis, they look for the potential for physical or emotional harm. The divorce may be happening regardless of where you reside in the meantime, but you may find staying under the same roof with your soon to be ex spouse unbearable at this point. How do you actually remove them within the bounds of the law?

A removal request (generally called Exclusive Use of the Residence) can be granted to a spouse seeking it while meeting minimum requirements.

If you are seeking an emergency Exclusive Use of the Residence:

Typically, you need to be able to prove that you have a legal right to possession of the property.

Typically, you need to show that the party being “removed” from the property has assaulted or threatens to assault you or other individuals in your care, custody or control, etc.

Typically, you need to show that harm would result to you or someone in your care, custody, control, etc.

If you are seeking a non-emergency Exclusive Use of the Residence:

Typically, the court needs to find that harm to you or someone in your care, custody or control would occur if the request were not granted.

If you need to find out how to remove your husband or wife out of the house, or if you are facing such a request from your spouse, get in touch with an expert Arizona divorce attorney immediately. At Arizona Family Law Attorneys we’re ready to help you in any way we can.
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