There us no emergency so wait until your attorney is available. But you should be able to get exclusive use.
Dear New York Tenant:
In New York City the spouse of the Rent Stabilized tenant may demand that the landlord add the spouse as a named tenant on the lease. As a named tenant, you are equal to the husband named in the annual rent registration filing with the DHCR.
If your were not already named as a tenant on the lease (and on all lease renewals) as a spouse you could demand that your name is added to the lease. See below:
"***Can my name be added to the lease if the owner accepted my checks?
Unless you are the spouse of the named tenant, a landlord is generally not obligated to add your name to the lease***" [Excerpt is from (http://www.housingnyc.com/html/resources/faq/roommates.html)]
Since you are already named as a tenant on the lease, you are entitled to have the annual rent registrations amended to include your name.
Let your attorney make the demands on the landlord for you. It truly should not make any difference if your name appears or does not appear on the rent registrations as you are in fact a tenant, but if you want "tidy" the push to straighten this out.
the rent stabilization law definition of the word "tenant" includes the spouse of the tenant.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
I suggest you advise your attorney, when available, of Mr. Smollen's advice which will put you in a better position to resolve the matter in your divorce litigation.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.