Exclusive Use and Occupancy of the Marital Residence

Exclusive use and occupancy of the marital residence means that one spouse is legally granted the right to remain in the marital residence to the exclusion of the other. This exclusion is typically granted in an application (motion) to the court on a temporary basis until the divorce is finalized.

The basis for granting this relief is to protect the health, safety and wellbeing of one spouse when they have been subjected to a tumultuous relationship. Another reason for granting this relief is when one spouse has voluntarily left the marital residence and established a new place of abode.  In this situation the law recognizes that divorcing couples should be afforded the right to live an independent life, free to establish new relationships and enjoy their right to privacy unhindered by interference of the other spouse. These applications cannot be taken lightly, especially when there are minor children involved; depending on who is excluded can mean all the difference if child custody is also an issue in the marriage.

Whether you are faced with this issue or contemplating such an application, at the Law Offices of David Smoren, PLLC we have successfully handled all aspects of applications involving exclusive use and occupancy of the marital residence.

Call us today at  718 225-6700 for a free phone consultation, or to arrange for a comprehensive office consultation to discuss your options or simply post a comment or question on the contact form.