If the parties cannot reach agreement between themselves, the question of temporary, exclusive use of the homestead is determined by the Family Court at a Temporary Order hearing. This can be commenced either by filing a Motion for such an Order supported by an affidavit, or an Order to Show Cause, similarly supported. The ownership of the home is less important at this stage than other questions. At the final division of property, the temporary award of the homestead should not be a precedent. Arguments in favor of having the temporary but exclusive use of the homestead include having primary physical placement of the child or children, and running one's business from the house. It is almost always best to have an experienced lawyer represent you in a divorce. Our office does that kind of work, as do dozens of other lawyers in Dane County. Good Luck.
Answered on Mar 31st, 2015 at 12:35 PM