In the majority of divorces, the parties are living in a home (referred to as the “marital residence”) that they jointly own at the time the divorce proceeding is commenced. The marital residence is frequently an asset that is subject to equitable division by the court at the conclusion of the divorce proceeding. While the divorce is pending, neither party may deny the other access to the marital residence absent a court order granting one of them exclusive possession of it. Such an order can be obtained by filing a motion for exclusive possession. Courts will consider a number of different factors in deciding whether to grant exclusive possession, the most significant being recent or present physical violence or threats of violence.
If you have any questions related to sexual harassment and discrimination in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.