Exclusive use of the family home is a common and often critical issue in divorce or separation cases. When there are tensions, violence, threats or repeated quarrels within the household, a request for exclusive occupation of the home aims to protect the life, physical integrity and mental health of the applicant and the children. The matter is regulated, among others, by Article 17(1) of the Family Courts Law of 1990, which grants family courts the power to issue temporary or permanent orders regarding the family’s residence.
What does “exclusive use” mean?
Exclusive use means a temporary or permanent order by which the court allows one family member (usually the spouse or the parent) to reside exclusively in the family home, while the other may be temporarily or permanently prohibited from accessing or living there. The purpose is protective — to secure the safety and stability of the applicant and the children.
Conditions and criteria the court considers
The court will weigh multiple factors before deciding on a request for exclusive use. Although Article 17(1) provides general powers, in practice key criteria include:
- The safety and physical integrity of the applicant and the children (presence of violence, threats, injuries, police reports).
- The psychological and emotional welfare of the children and the need for a stable environment.
- The parties’ financial ability to secure alternative housing.
- The legal status of possession/ownership of the property (ownership, lease, co-ownership).
- The conduct and character of the parties (e.g., history of abuse, failure to meet obligations).
- The proportionality of the measure and the availability of other protective measures (e.g., protection orders, temporary financial support).
- The interests and rights of third parties (e.g., co-owners or minor children).
Procedure
- Issuance of a temporary order: In urgent cases the court may issue a temporary (often ex parte) order for exclusive use until the substantive hearing of the case. Such orders can be given ex parte when there is an immediate risk.
- Full hearing process: At the main hearing the parties will be summoned, evidence will be presented (medical reports, police statements, witness testimony, electronic messages, photographs) and the court will make a final decision or renew/modify the temporary measures.
- Duration and terms: The court may set a specific duration, conditions for return, impose access restrictions, and also financial arrangements (e.g., payment of a “use rent” by the party who remains out).
Evidence that supports the request
To support the request the applicant should produce reliable evidence:
- Police reports, complaints or protocols.
- Medical certificates or photos of injuries.
- Messages, recordings or other digital material that document threats or abuse.
- Testimonies of relatives, neighbors or letters from social workers/psychologists.
- Ownership or lease documents to determine legal rights in the residence.
Risks, complications and alternatives
- Assertion of owner’s rights: If the applicant is not the owner, the respondent may invoke property rights. The court balances the right to safety against property rights.
- Financial consequences: Remaining in the residence may have financial consequences (e.g., allocation of loan/mortgage or rent obligations). The court may adjust financial arrangements.
- Alternatives: If there is no immediate risk, the court may choose less restrictive measures — restraining orders, protective measures, or temporary housing arrangements with specific terms.
Advice to interested parties
- Act promptly when there is danger: in cases of violence contact the police and seek medical documentation.
- Collect evidence: keep messages, photos, witness statements and any other supporting material.
- Seek legal support: a lawyer experienced in family matters will advise whether and how to apply for a temporary order.
- Consider the children’s safety: judicial measures should primarily serve their best interests.
- Consider non-judicial solutions (mediation) only when there is no risk of violence and the parties can negotiate safely.
Conclusion
The possibility of exclusive use of the family home under Article 17(1) of the Family Courts Law is a powerful protective tool in cases of family disturbance and violence. However, its application requires careful weighing of the facts, the evidence and the wider consequences for all parties involved. In any case, prompt legal guidance and documentation of claims are essential for the effective exercise and defense of family rights.