One of the most urgent issues that arises during a New York divorce is deciding who stays in the marital residence while the case is pending. This question, often referred to as exclusive use or occupancy, has a major impact on safety, stability, and day-to-day life. At Gilmer Law Firm PLLC, we guide clients through this process with skill and care, ensuring their rights and homes are protected.
If you are looking for an experienced Brooklyn divorce attorney or New York divorce attorney, our firm has the knowledge and courtroom experience to advocate for you.
Understanding Exclusive Use of the Marital Residence
New York law, under Domestic Relations Law § 234, allows the court to determine who should remain in the family home during a divorce proceeding. Judges can issue orders granting one spouse exclusive use and possession of the residence, even if both names are on the deed or lease.
This type of relief is not automatic. The spouse requesting it must show why such an order is necessary. Courts review the facts carefully before deciding whether to temporarily exclude one party from the home.
When Do Judges Grant Exclusive Use?
Courts usually grant this form of occupancy in two situations:
- Protection of Safety or Property – If sharing the residence would threaten a spouse’s safety or create risks of damage, the court can step in. For example, in Margaret A. v. Shawn B., the court awarded the wife sole possession where ongoing conflict made continued cohabitation unsafe .
- Alternative Residence Established – When one spouse has already moved out, and returning would cause unnecessary strife, exclusive possession is often granted to the spouse remaining in the home .
Cases such as Purdy v. Purdy and Fakiris v. Fakiris highlight how courts balance fairness, stability, and safety in making these decisions.
When Courts Refuse to Grant It
Exclusive possession is not guaranteed. In Taub v. Taub, the wife’s allegations of violence were unsubstantiated. Instead of excluding the husband, the court ordered the residence divided by a wall so that each party had a separate space .
This example shows that courts require credible evidence before forcing one spouse out of the home. Unsupported accusations are usually not enough.
The Role of Children
When children live in the household, judges often consider their best interests above all else. Stability is crucial. Courts frequently allow the custodial parent to remain in the residence to minimize disruption for the children .
This means children can continue their routines—school, friends, and community life—without unnecessary upheaval during the case.
Why It Matters
An order granting one spouse the right to remain in the home can:
- Create a safe and stable living environment.
- Provide children with continuity during a difficult transition.
- Prevent intimidation or financial manipulation by a spouse attempting to drive the other out.
- Ensure that your legal interest in the property is respected, regardless of whose name is on the title.
Without such an order, one spouse may feel pressured to leave the residence or be forced to remain in a tense, hostile environment.
How Gilmer Law Firm PLLC Protects Clients
At Gilmer Law Firm PLLC, we understand that the marital home is more than just property—it represents safety, financial security, and family stability. As a trusted Brooklyn divorce attorney and New York divorce attorney, George M. Gilmer, Esq. has successfully argued for clients seeking exclusive possession of their homes in both Family Court and Supreme Court.
We carefully analyze the facts of your case to determine the strongest grounds for relief, whether based on:
- Documented threats or prior domestic violence.
- Financial misconduct that makes cohabitation untenable.
- The best interests of minor children requiring stability.
- Evidence that the other spouse has already established a separate residence.
Protecting Your Home and Future
If you are involved in a matrimonial case and are concerned about staying in your home, it is essential to act quickly. Motions for exclusive use are fact-driven, and the court will require solid evidence.
At Gilmer Law Firm PLLC, we bring deep knowledge of New York divorce law, combined with a client-first approach. Whether you live in Brooklyn, Queens, Manhattan, the Bronx, or elsewhere in New York, our team is ready to protect your rights, your home, and your future.
Call to Action
If you need strong representation in your divorce, particularly concerning exclusive use of the marital home, contact Gilmer Law Firm PLLC today.
