Use and Possession [Family Law] Law and Legal Definition

The phrase use and possession refer to the right of a parent having custody of a minor child of the marriage to remain in the family home for a certain period of time from the date of the divorce.

Essentials of the order for use and possession were discussed in the following case. An award of exclusive use and possession of the marital home must serve a special purpose. For example, providing a benefit for a minor child. An award of exclusive use and possession should specify the period of time for possession. It should include an express provision for termination of exclusive use and possession when the minor child attains the age of eighteen. The order will terminate when the party in residence remarries. [Todd v. Todd, 734 So. 2d 537 (Fla. 1st DCA 1999)].