Exclusive Use and Occupancy of the Marital Residence in a New York Divorce

In a New York divorce action, either spouse may seek an Order granting exclusive use and occupancy of the marital residence while the divorce is pending. Under New York law, exclusive use and occupancy allows one spouse to remain in the marital home while requiring the other spouse to vacate the premises.

However, New York courts generally will not grant this relief merely because the parties are experiencing marital conflict or wish to live separately. Instead, the requesting spouse typically must demonstrate that the other spouse's presence poses a risk to their safety or that continued occupancy would create significant domestic strife. In determining whether to grant such relief, the Court may also consider the circumstances of the parties and the best interests of any children residing in the home.