The bill amends Section 6.502 of the Family Code to establish provisions for awarding exclusive occupancy of a primary residence or other residential property to a spouse during the pendency of a divorce suit. It allows the court to grant this order if the adverse party has been convicted of or placed on deferred adjudication for certain offenses involving family violence against the party filing the motion or a member of their family or household. The new language specifies that the court must render an order for exclusive occupancy if the conditions are met, enhancing protections for victims of domestic violence during divorce proceedings.
Additionally, the bill introduces a mechanism for a party awarded exclusive occupancy to file a motion to vacate that order at any time during the suit. It also clarifies definitions related to "family" and "household" as per existing law. The changes will apply to any divorce suits pending in trial courts on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Family Code 6.502 (Family Code 6)