Also known as: matrimonial homes · marital home · family home
Written by attorneys · grounded in primary & secondary sources — see below
A family residence occupied by spouses during marriage. Special rules often govern its use, exclusion, or valuation in divorce proceedings and estate administration to protect spousal interests.
After Harold died, his surviving spouse Kevin already held a constitutional life estate in the family residence. When Kevin petitioned for the statutory homestead allowance from other estate assets, the court reduced the allowance by the value of that life estate interest because the residence qualified as the family home under the probate rules.
During Eli and Faith's separation proceedings, Eli alleged that Faith's nighttime manipulation of smart-home devices in their shared loft caused him emotional distress. The court considered whether to exclude Faith from the residence but denied the request because the evidence did not establish that physical or emotional harm would otherwise result.
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Sheri and Beth disputed custody of their sixteen-year-old daughter Felicity after Beth announced plans to relocate two hours away. Felicity had lived her entire life in the family home near her school and friends. The court appointed counsel for Felicity to investigate how any move would affect her stability in the matrimonial home.
T transferred title to the family home to a spouse for life with remainder to the children. After T's death the life tenant remained in possession and became personally liable for annual easement payments because the matrimonial home enjoyed the benefit of the easement across neighboring land.
A spouse served with process while temporarily present in the forum state challenged the court's power to divide the matrimonial home. The court upheld jurisdiction because the spouse's presence supplied the minimum contacts needed to adjudicate interests in the family residence.
After divorce Griffin received the older house requiring major repairs while Saul received the newer matrimonial home. Griffin petitioned for maintenance, arguing that the condition of the home and her lack of income left her unable to meet basic needs for herself and the children.
The value of any constitutional homestead interest in the family home is charged against the surviving spouse's statutory homestead allowance when the residence forms part of the decedent's estate or would have but for the constitutional protection.
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A court may exclude a party from the family home upon a showing that physical or emotional harm would otherwise result to the other party or a child.
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No. A spouse awarded the older matrimonial home that requires extensive repairs and carries assigned debt may still qualify for maintenance if the property leaves the recipient unable to meet reasonable needs and unable to support herself through employment.
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…statutes here involved deal with a particularly important and sensitive area of privacy—that of the marital relation and the marital home. This Court recognized in Meyer v. Nebraska, supra , that the right "to marry, establish a home and bring up children" was an essential part of the liberty guaranteed by the Fourteenth…