It can - depending upon the circumstances. You should discuss this with a local attorney BEFORE making any such agreement.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
It is harder to make a good argument that you should be allowed to go back in once you leave. This is especially true if you signed a one year lease.
Use and possession of the family home can only be granted by the Judge if the person living there has been awarded physical custody of the children.* Then the Court can only award that for up to three year following the date of the limited or absolute divorce. At the end of the use and possession period the Court can order the house sold and the proceeds split or the Court can approve a mutual agreement for one side to buy out the other side and pay them a certain amount for their house equity. It is possible, but very rare, for the Court to award ownership of the house to one party and in those situations the buyer will still owe the seller spouse her/his share of the equity.
If yo udo a use and possession period, the devil is in the detail --- ex: who pays the mortgage, taxes, liens, repairs, who gets the interest deduction, who gets what percentage at sale, etc.
*If there are no children or you have custody then the Court cannot give use and possession.
I agree with Attorney Mulinazzi. I would add that whoever is living in the residence later on will have the advantage of possession, which can influence a judge to believe that such possession should continue as a default position, unless there is good reason for a change. Once a certain "status quo" is established, it can be difficult in some circumstances to persuade a court that the status quo should be changed. I would advise you to consult with an attorney experienced in divorce and related issues. You may reach me at (410) 381-1656. I would be pleased to help you. David Mahood, Esq.
This is NOT legal advice, is GENERAL INFORMATION ONLY, does NOT establish Attorney/Client Relationship because you have not retained me and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is merely provided to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.
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