Reasons for Possession and use: Real Property

You will need to explain to the court why the possession and use of this property in the way you have indicated is fair and equitable. For example, if both Petitioner and Respondent agree that Respondent should have possession and use of the property, the reason can be something like: Petitioner and Respondent agree that Respondent shall have possession and use of this property.

If Petitioner and Respondent do not agree, then you should carefully detail why possession and use of this property as you have indicated is fair and equitable. The following are some examples:

If Petitioner is to have possession and use of this property:

• Petitioner is the sole owner of this property.
• This property belongs to Petitioner and is not marital property.
• Petitioner owned this property prior to the marriage.
• This property or the money to purchase this property was inherited by Petitioner and is not marital property.
• This property or the money to purchase this property was a gift to Petitioner alone and is not marital property.
• Petitioner purchased this property with Petitioner's own money.
• Petitioner is the only one who uses this property.
• Respondent is employed and Petitioner is not. Petitioner needs this property for Petitioner's daily living and cannot afford to buy another one.
• Respondent has another piece of property like this one and does not regularly use this one.
• Petitioner needs this property for the parties' children.
• Petitioner and Respondent have not used any money earned or acquired during their marriage for this property.
• Respondent will receive money or property of equal value.

If Respondent is to have possession and use of this property:

• Respondent is the sole owner of this property.
• This property belongs to Respondent and is not marital property.
• Respondent owned this property prior to the marriage.
• This property or the money to purchase this property was inherited by Respondent and is not marital property.
• This property or the money to purchase this property was a gift to Respondent alone and is not marital property.
• Respondent purchased this property with Respondent's own money.
• Respondent is the only one who uses this property.
• Petitioner is employed and Respondent is not. Respondent needs this property for Respondent's daily living and cannot afford to buy another one.
• Petitioner has another piece of property like this one and does not regularly use this one.
• Respondent needs this property for the parties' children.
• Petitioner and Respondent have not used any money earned or acquired during their marriage for this property.
• Petitioner will receive money or property of equal value.