What is an Exclusive Use Order in Nevada?

When you file for divorce in Nevada, one of the first questions that often comes up is: who gets to stay in the house? If you and your spouse can’t agree, or if living together has become impossible, you may need an exclusive use and possession order. This type of court order allows one spouse to remain in the marital home while requiring the other spouse to move out, even when both names are on the title or mortgage.

These orders provide stability during divorce proceedings, which can take many months to finalize. They are particularly important when minor children are involved or when tensions between spouses have reached a point where sharing the same residence is no longer workable.

An exclusive use and possession order gives one spouse the legal right to live in the marital residence during the divorce process. The other spouse must find alternative housing and cannot return to the home without permission from the court or the spouse who was granted possession.

 An exclusive use order is temporary and does not transfer ownership of the property. Both spouses retain their legal ownership interests in the home. The order simply determines who can live there while the divorce is pending. Final decisions about who will own the property (or whether it will be sold) happen later when the court divides the marital assets.

Nevada law gives family court judges considerable discretion when deciding whether to grant exclusive possession of the marital home. Under Nevada Revised Statutes (NRS) 125.040, courts can make any order affecting the property of either spouse that seems necessary or desirable, taking into consideration the financial situation of each party.

In practice, judges typically consider several factors. First, they look at which spouse has the financial ability to maintain the home. This includes making mortgage payments, paying property taxes and insurance, covering utilities, and handling routine maintenance and repairs. If one spouse has significantly higher income or more financial resources, this can influence the court’s decision.

Second, courts pay close attention to the needs of minor children. Nevada courts strongly prefer keeping children in a stable living environment during divorce proceedings. If one parent has been the primary caretaker and the children are settled in the home, courts often grant that parent exclusive possession to minimize disruption to the children’s lives. The official guidance from Nevada’s Family Law Self-Help Center notes that courts “lean towards giving temporary possession of the marital home to the parent who is caring for the children in the home” because it provides stability.

Third, judges consider whether either spouse has established an alternative residence. If one spouse has already moved out voluntarily and set up a separate household, courts may be more inclined to award possession to the spouse who remained in the home.

Finally, any history of domestic violence or harassment weighs heavily in these decisions. If one spouse poses a safety risk to the other or to the children, courts will prioritize protection when deciding who stays in the home.

Your divorce attorney can help you explain to the Nevada divorce courts why you need exclusive use.

Sometimes circumstances require faster action than the normal 35-day timeline allows. If you’re facing an emergency situation, you can file an Ex Parte Application for Order Shortening Time along with your motion. The judge will review whether your situation truly constitutes an emergency warranting an expedited hearing.

Domestic violence situations offer an even faster path through Nevada’s protection order system. Under NRS 33.020, courts must rule on temporary protection order applications within one judicial day. In Clark and Washoe Counties, courts are required to be available 24 hours a day, 7 days a week to issue emergency protection orders. These orders can be granted without advance notice to the other party when immediate protection is necessary.

A temporary protection order can require your spouse to leave the home immediately and stay away. These orders focus primarily on safety rather than financial considerations, but they can be just as effective at establishing who stays in the home during a divorce.

One spouse getting exclusive use of the home doesn’t automatically mean that spouse must pay all the housing expenses. Nevada courts have broad authority to allocate financial responsibilities based on each party’s income and circumstances.

The court may order the spouse living in the home to make all payments. Alternatively, the court might require the other spouse to continue paying the mortgage, especially if that spouse has higher income. Sometimes courts split the obligations, with one spouse paying the mortgage and the other covering utilities and maintenance.

Property taxes, homeowner’s insurance, utilities, and routine maintenance all need to be paid while the divorce is pending. Courts treat these as community obligations during the divorce process and divide them based on financial ability. Nevada law even explicitly recognizes that a spouse who has been excluded from the home may be ordered to pay rent or make mortgage payments on the residence.

If one spouse makes post-separation mortgage payments from their separate earnings, they may be entitled to reimbursement when the property is eventually divided. Similarly, the spouse who enjoyed exclusive use of the home might be charged for that benefit, similar to what they would have paid in rent. These credits and debits typically offset each other in the final property division.

Exclusive use orders are temporary by nature. They remain in effect during the divorce proceedings and automatically terminate when the court enters the final divorce decree and divides the property permanently.

In Clark County, the local rules explicitly state that temporary orders terminate automatically when permanent orders are made, though any money owed under the temporary orders (such as unpaid mortgage payments) remains collectible.

If circumstances change significantly during the divorce process, either spouse can ask the court to modify the exclusive use order. For example, if the spouse with possession loses their job and can no longer afford the home, or if the spouse who was ordered to leave needs to move back in due to financial hardship, a motion to modify can be filed. The party seeking modification must demonstrate that circumstances have changed since the original order was entered.

Nevada law specifies that a 20% or more change in gross monthly income constitutes a changed circumstance that requires the court to review support and property-related orders.

Nevada courts take violations of exclusive use orders seriously. NRS 125.240 makes clear that any order issued by the court may be enforced “by such order as it deems necessary,” and disobedience of any order may be punished as contempt of court.

If your spouse violates an exclusive use order by returning to the home without permission, you can file a Motion to Enforce and/or for an Order to Show Cause Regarding Contempt. This motion must include a sworn affidavit describing exactly what your spouse did that violated the order.

The penalties for contempt can be substantial. Nevada law allows judges to impose fines up to $500 per act of contempt, imprisonment for up to 25 days, or both. The court can also order the violating spouse to pay your attorney’s fees and expenses incurred because of the violation. For ongoing violations (such as refusing to leave the home after being ordered to do so), a person can be held in jail until they comply with the order.

Beyond contempt, courts have other enforcement tools available. They can appoint a receiver to manage the property, require security or bonds, issue execution on property, or order property sold to enforce their orders.

If you’re thinking about requesting exclusive possession of your marital home, several practical considerations will strengthen your position. First, organize your financial documentation thoroughly. Gather recent pay stubs, bank statements, mortgage statements, property tax bills, insurance declarations, and utility bills. Courts need complete financial information to make informed decisions.

Second, if children live in the home, be prepared to explain your role as their caretaker and why staying in the home serves their stability. Document your involvement in school activities, medical appointments, and daily routines. Courts prioritize children’s interests when making these decisions.

Third, understand that exclusive possession is temporary and doesn’t guarantee you’ll receive the home in the final property division. Plan financially for the possibility that you may ultimately need to sell the home or buy out your spouse’s share of the equity.

Fourth, comply meticulously with any court orders once they’re issued. Violations damage your credibility with the court and can negatively affect other aspects of your case, including custody determinations.