In an earlier blog entry, I advised you that pop star, Christina Aguilera, filed for divorce from her husband, Jordan Bratman, citing irreconcilable differences. Another wrench has been thrown into the divorce mix now that several media outlets are reporting that Bratman refuses to vacate the family residence and has no plans to do so.
In fact, a source to Aguilera reportedly stated that “[i]t is difficult for Christina since he won’t move out of the house,”
In these types of situations, the only way to get the other party to vacate the residence is to obtain a court order requesting exclusive use and possession of the house and that the other person be kicked out. If Christina wants her ex out, she will have to file an Order to Show Cause with the court requesting exclusive use and occupancy of the residence. Obviously, there should be valid grounds for requesting such relief. For example, if the couple’s son is still residing in the house and if Mom has primary physical custody of son, it would make sense if she continues to reside in said residence. This will provide stability for the child and facilitate an easy tranfer to and from school, if the child’s school is near the residence.
Whatever the reason may be, one party cannot just squat in the house. The parties are aferall going through a divorce and eventually a decision regarding the disposition of the house will need to be made. (e.g. keep the house, sell the house, buy-out the party’s interest etc.) Regardless, retaining exclusive use and occupancy of a residence is just one issue that may arise in a divorce case. For more information, contact an Orange County divorce lawyer for more information.