Legal Question in Family Law in District of Columbia
Remaining in Home Until Sold
My marriage is heading for a divorce and I would like to update the kitchen before we sell the house, but he does not want a contractor in there to do it. I have a 13 year old (not his biological child) and we have a 2 year old dog. If I file for divorce or separation, can I request by law to have him vacate the home and I remain in the home with my child and pet, at least until I update the kitchen and get it sold? I am capable of paying the mortgage and utility bills.
1 Answer from Attorneys
Re: Remaining in Home Until Sold
Yes, as a precursor to divorce, you could retain counsel to file what's called a pendente lite action in the circuit court and request that
you be awarded the right to remain in the home with your child and that your husband be required to vacate the premises. At the same time you could also request any additional temporary orders which might be appropriate to your situation of which your lawyer could further advise you.
Assuming that you end up footing the
entire bill for the kitchen improvements, you will want to maintain careful records of your expenditures to assure that you are properly reimbursed whenever the time comes to determine an appropriate division of the marital property as well as allocation of existing marital debt.)
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