Buxton v. Buxton

Defendant husband obtained leave of the trial court to take an interlocutory appeal from the court’s order awarding temporary possession of the marital home to plaintiff wife in a divorce action. The issue is the authority of the court to issue such an order in the absence of a finding of either spouse abuse under 15 V.S.A. chapter 21 or intolerable severity. The question of law submitted by the trial court reads as follows:

May the Court by temporary order award temporary use, possession and control of the home place to the plaintiff in a divorce proceeding without a finding of abuse of the…