One of the biggest questions clients have when contemplating a divorce is which spouse is entitled to remain in the marital home during the during the proceedings. For obvious reasons, it is not always ideal to have both spouses remain in the home during a contentious divorce. Deciding who goes and who stays, however, sometimes must be decided by the court through an order granting temporary exclusive use of the marital home to one of the parties.

The easiest way to determine which spouse receives exclusive use of the marital home during the divorce proceedings is by agreement: one party agreeing to move out while allowing the other to remain. However, it is not always possible to amicably decide on who can stay and who has to move out; in those cases, the spouses can seek a court order.

In New York, a court can award either spouse temporary exclusive use of the marital home regardless of whether both spouses are on the title. In other words, if the title of the home is in both spouses’ names, the court can award exclusive use to just one, or if the title is in the wife’s name only, can award exclusive use to the husband, and vice versa.

However, the court does not award exclusive use lightly and requires that the petitioning spouse have a valid reason for removal; the court assumes that having both divorcing spouses live in the same house will cause some degree of tension and, as such, the fact that the spouses do not get along is rarely sufficient. The court will award temporary exclusive use if the presence of the other spouse is a threat to the emotional wellbeing of the other, or in cases of domestic violence, or other extreme circumstance.

Being granted exclusive temporary use of the home during the divorce proceedings does not change the ownership of the property or affect the interest either spouse has in the asset; it merely gives one spouse the right to live in the home alone and undisturbed until the conclusion of the divorce.

Experienced New York divorce representation

At the Law Offices of Stacy Sabatini, Esq., we understand that divorce is a trying time for families and retaining use of the marital home can help ease the transition to the next chapter in your life. To find out more about our offices can help with protecting your interests during a divorce, visit us online at www.sskfamilylaw.com or contact us via email today for your initial consultation. The Law Offices of Stacy Sabatini, Esq. are located in New City, New York, and proudly serves families located in Rockland, Orange and Westchester counties.