What Is a Motion for Exclusive Possession in Nevada?
A Motion for Exclusive Possession is the actual legal mechanism for what people mean when they ask about “evicting” a spouse. After a divorce is filed, either spouse can ask the court for a Temporary Order giving them sole use of the marital residence while the case is pending. The legal authority for temporary orders comes from NRS § 125.040.
If granted, the order lets you change locks and passcodes and legally excludes your spouse from the property until the divorce concludes or the order is modified.
What Does a Judge Consider With a Motion for Exclusive Possession?
- Whether there is a history of domestic violence or an unsafe living situation.
- Which parent is the primary caregiver for any children living in the home. Stability matters to the court.
- Which spouse is more likely to Get the Home in the Divorce. This is often tied to separate property claims.
- Does the spouse being asked to leave have somewhere to stay?
- Does the requesting spouse have options to live somewhere else?
- Who can afford the mortgage or rent?
- Whether a spouse has voluntarily moved out with their belongings.
How Long Does It Take to Be Decided?
There’s no fixed deadline for a judge to hear a Motion for Exclusive Possession the way there is for a Temporary Protective Order (TPO). In practice, a contested motion is usually heard on the normal motion calendar for your assigned family court department, which typically means 60 or 90 days from when you filed the motion.
If your situation is urgent, involves immanent domestic violence or safety concerns, or is a genuinely untenable living situation, your attorney can ask the court to hear the motion on an Order Shortening Time (OST). An OST is requesting the judge to schedule your motion hearing earlier because of an emergency or urgency. If the judge agrees, this can significantly compress this timeline to schedule your hearing.
What Happens Once It’s Granted?
If a Motion for Exclusive Possession granted, the order lets you change locks and passcodes and legally excludes your spouse from the property until the divorce concludes or the order is changed. Violating the order can carry real consequences, including a finding of contempt of court.
Can This Motion Be Denied?
Yes. Judges don’t grant exclusive possession automatically just because one spouse asks. The most common reason for denial is that the spouse being asked to leave shows the request would create a genuine hardship; no other place to go, and no realistic way to afford one. If there is no arguing or harassing happening, judges tend to deny motions. It’s not easy Evict a Spouse From a Home in Nevada. If the judge denies the motion, both spouses will continue sharing the residence for the duration of the divorce.
What Happens If My Spouse Ignores the Order?
Unlike an eviction, where a landlord typically has to go back to court for a separate order before law enforcement will remove a tenant, a signed Motion for Exclusive Possession (or a protective order excluding your spouse from the residence) is already an enforceable court order.
Law enforcement can act on it directly, and a spouse who refuses to comply can be held in contempt of court, which can carry fines or, in more serious or repeated cases, jail time. Refusal to comply with a valid court order is contempt under NRS § 22.010.
Can This Be Combined With Child Custody or Child Support Requests?
Yes. It is common to combine a Motion for Exclusive Possession with other requests. A Motion for Temporary Orders can continue multiple requests that need to be made before the divorce is final. For example, temporary orders regarding possession of the home will typically include requests for temporary child custody, child support, and spousal support.
Does “Best Interest of the Child” Affect Temporary Possession?
Yes, best Interest of the Child can affect temporary possession. Courts are often sympathetic to keeping kids in a familiar home and school district while the case is pending, and this can factor into a Motion for Exclusive Possession.
But, what is best for the children does not generally control the final property division. Who Gets the Home in the Divorce cannot be decided on the Best Interest of the Child analysis. Who gets the home will rely mostly on ownership, finances, and principles of community property.
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