What is the Difference Between a Vacate Order for a Marital Home and Sole Use and Occupancy of a Marital Home?
- Posted by Alexander Nesson
- On November 13, 2023
One of the big differences is an order for sole use and occupancy of the marital home does not carry any criminal penalties. It also does not have a need to be renewed after ninety (90) days.
The order for sole use and occupancy of the marital home is a little less clear in terms of what standards are to be used or what statute is to be followed. However, this is sometimes used as more of a compromise than either a restraining order or a Motion to Vacate. At worse, if someone was to violate that order there would be a Complaint for Contempt which would be civil in nature versus a criminal case.
