NY Divorce at a Glance. Part 6 of 8: Exclusive Occupancy of the Marital Home
An outline on how exclusive occupancy is determined
Temporary Exclusive OccupancyTemporary exclusive occupancy of the marital home may be awarded to either spouse while the divorce is pending. By definition, it terminates upon a final judgement, which will dispose of the marital residence by any number of factors.
Temporary exclusive occupancy may be made without regard to who owns the marital home, however, ownership may be considered.
The factors normally considered by the court are:
Protecting the health, safety and well being of one spouse
Whether or not one spouse has voluntarily left the marital home
Final Order of Exclusive OccupancyAs part of the final judgment of divorce, the court may award exclusive occupancy of the marital home to one spouse for a set amount of time as one of the options to finalize the marital assets.
Exclusive occupancy is generally an option when one parent is awarded custody, there is a showing that the children's interest would be best served by an award of exclusive occupancy for a set amount of time, and there are insufficient assets to offset the other spouse's interest in the home.
The court will also consider the age of the children since that will determine the duration of exclusive occupancy, the length of the marriage, the deprivation of the other spouse of the use of his or her property, and the overall financial circumstances of the parties.