What does ‘sole use and occupancy’ mean in a divorce decree?

Lexi, Chatbot

I understand this must be a concerning situation for you. Has there been any specific language in the divorce decree regarding your ex-wife's right to occupy the home after June 1st?

Lexi, Chatbot

Are there any changes in circumstances or agreements that have occurred since the divorce decree was finalized that may impact your ex-wife's right to occupy the home?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with your ex-wife's right to occupy the home.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

Jon

The clause you are asking about says that the house shall be listed for sale on June 1, 2025. The net proceeds of the sale shall be split evenly between the parties.

Is there more to it?

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

The divorce decree gave your ex-wife the exclusive right to live in the home until June 1, 2025—but only until then. That phrase, “sole use and occupancy,” clearly sets a deadline.

After June 1, the home is supposed to be listed for sale, which signals a major change in how the property is to be treated moving forward. At that point, it’s no longer just her home—it becomes something to be sold.

Although the decree doesn’t spell out exactly when she has to move out, it’s pretty clear that her right to live there alone ends once the home is on the market.

Staying in the house beyond that date isn’t about continuing to live there—it would only make sense if it helps move the sale along. Otherwise, her continued sole occupancy would likely get in the way of what the court ordered.

If there’s any disagreement about her staying in the home after June 1—or anything else about the property—the decree says those issues must go to mediation with attorney James Shipman in Everett.

That gives you a defined process for resolving problems, including if she refuses to leave or tries to maintain full control over the property.

Jon

You're asking about "sole use and occupancy" in your divorce decree. This simply meant your ex-wife had the exclusive right to live in and control the property until June 1, 2025.

She was responsible for the mortgage and utilities during that time, and you were required to move out your belongings. It did not grant her long-term ownership of the house itself; the decree clearly stated the property was to be listed for sale on June 1, 2025, with proceeds split evenly. Her period of exclusive control over living in the home ended on that date.

Jon

Please do give me a chance to reply. Please see above.

The decree also states: "If any repairs are needed to the house or its appliances, the parties shall be equally responsible for the cost." This clause is not limited by the "pending June 1, 2025" language. It's a separate ongoing obligation for both parties as co-owners of the property that is now to be sold. Therefore, yes, you are likely allowed to go to the home for repairs, even with proper notice.

In fact, since you are equally responsible for the cost of repairs, you have a direct interest and a right to be involved in ensuring those repairs are done properly and cost-effectively.

Jon

Ok, please give me a chance to reply as our replies are crossing now. Please take some time to review the above.

There are 2 responses to the additional issues you raised about control and repairs.

Jon

Ok, please refer above as I answered those two issues already: "You're asking about 'sole use and occupancy' in your divorce decree. This simply meant your ex-wife had the exclusive right to live in and control the property until June 1, 2025. She was responsible for the mortgage and utilities during that time, and you were required to move out your belongings.

It did not grant her long-term ownership of the house itself; the decree clearly stated the property was to be listed for sale on June 1, 2025, with proceeds split evenly. Her period of exclusive control over living in the home ended on that date."

"The decree also states: 'If any repairs are needed to the house or its appliances, the parties shall be equally responsible for the cost.' This clause is not limited by the 'pending June 1, 2025' language. It's a separate ongoing obligation for both parties as co-owners of the property that is now to be sold.

Therefore, yes, you are likely allowed to go to the home for repairs, even with proper notice. In fact, since you are equally responsible for the cost of repairs, you have a direct interest and a right to be involved in ensuring those repairs are done properly and cost-effectively."

Jon

When the decree stated your ex-wife had "sole use and occupancy" until June 1, 2025, it meant she had exclusive daily control over the home. She alone could live there, manage its upkeep, and was responsible for the mortgage and utilities.

However, this didn't give her control over the property's sale or its ultimate ownership; those decisions, along with shared repair costs, remained subject to the decree. Her period of exclusive control over the residence ended on June 1, 2025.

Jon

If your ex-wife was already held in contempt for not agreeing to mediation, and the decree still requires it for property issues, refusing again could lead to serious consequences. You'd likely file another Motion for Contempt, seeking further court intervention.

The judge could impose more significant fines, order her to pay your attorney fees, issue more forceful orders, or even take steps like appointing a mediator or ordering the property's sale directly to enforce compliance. Documenting all her refusals is crucial.

Jon

You're very welcome. I do hope the information I provided was helpful and addressed your question.

If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!

Jon

Very welcome, glad I was able to help!