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Who gets to live in base housing when a dual military couple separates?

If two Soldiers are married, live in post housing, and cannot get along who has to leave post housing?

First off, this is a sensitive area that requires consultation with your command’s servicing Staff Judge Advocate.

My comments here are solely my personal opinion based on previous cases I have dealt with and is not to be inferred in anyway as a legal interpretation or legal advice.

In general, the following are topics that must be considered:

Are the Soldiers seeking or have plans to seek divorce?

Since divorce is handled by civilian courts, housing issues fall under civilian jurisdiction as well.  In Ohio, for example, both parties are entitled to stay in the shared property until the court rules on the issue.  This could be when the divorce is finalized or when legal separation is ordered. The court will consider a number of factors to include but not limited to:

  • Custody of any minor children
  • Any abuse and which party committed the offense
  • Financial situation of each party

Domestic abuse

However, this is not to indicate that there is no recourse for the command/installation.  I assume that since you mentioned that the two Soldiers “cannot get along” there have been some domestic altercations, either verbal and/or physical. If these issues are documented with the PMO and/or command, the housing authority, usually along with the installation commander or their designee, can order one or both of the Soldiers out of post housing.

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posted on 08/08/2012 under Q&A
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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

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