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Jeffrey A. Soilson

Jeffrey Soilson’s Answers

1 total

  • How can I access the marital home during a divorce?

    I'm currently going through a divorce. I left the marital house, and my spouse currently lives there. We decided to sell the home and split the proceeds from the sale. Before listing the home, I want my cousin who is a contractor to come look at t...

    Jeffrey’s Answer

    I agree with my colleagues who have mentioned the filing of a motion for temporary orders (preferably with a supporting affidavit from you describing the problem and proposing a solution in the body of a proposed order). Most have assumed that when you say you are "currently going through a divorce" it means there has been a formal action already filed with the court. For example, if you had filed a Complaint for Divorce, the appropriate course of action would be to file a motion for temporary orders as others have recommended; however, if you have not filed anything with the court yet, you can simply negotiate the terms of a final agreement, which would include the access and repairs that you believe will maximize the value of the property that is going to be shared with your spouse. If you wife then violates the final agreement, which could be incorporated into a final judgment of divorce at an uncontested divorce hearing, you can enforce her compliance through the filing of a Complaint for Contempt.

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