How To Get Exclusive Occupancy of the Marital Residence

Divorce proceedings can bring a myriad of complex decisions and rulings that affect both parties involved. One of the most contentious issues is the question of who gets to stay in the marital home during the divorce process. The case of Taub v. Taub provides a noteworthy example of how New York courts handle such disputes, offering valuable insights into the legal landscape surrounding divorce and property rights.

Understanding Exclusive Occupancy

Exclusive occupancy refers to the legal permission for one spouse to live in the marital home to the exclusion of the other. Typically, this is sought for reasons of safety, privacy, or the need to stabilize the living environment for children involved. “Securing exclusive occupancy is a significant challenge and generally requires proving that continued cohabitation is untenable or unsafe,” explains Brian D. Perskin, a seasoned divorce attorney.

The Standard for Granting Exclusive Occupancy

Courts are generally reluctant to grant exclusive occupancy unless there is clear evidence that remaining together in the home is harmful or untenable. Issues such as domestic violence, threats, or other serious concerns can influence such a decision. However, without such factors, judges are hesitant to force one party out.

The Taub v. Taub Decision

In the intriguing case of Taub v. Taub, the New York Supreme Court faced a unique situation. The wife petitioned for exclusive occupancy of the marital residence, but instead of granting one party full rights to the home, the judge ordered an unusual compromise: the house was to be physically divided with a wall.

Court’s Rationale and Outcome

The decision to split the home rather than grant exclusive occupancy was based on a lack of sufficient grounds to remove either party entirely. “The Taub case is a prime example of how judges might use creative solutions in unique circumstances,” notes Perskin. This ruling was later upheld by the appellate division, affirming that without clear danger or harm, cohabitation in some form might still be required.

Legal Implications and Advice

This case underscores the complexity of divorce proceedings and the importance of a solid legal strategy. “When seeking exclusive occupancy, it’s crucial to present a compelling case backed by robust evidence. This could range from documentation of misconduct by the other party to testimonies that establish a clear and present need for separation within the home,” advises Perskin.

Steps to Take in Seeking Exclusive Occupancy

Documentation: Gather evidence that supports the reasons for needing exclusive occupancy, such as police reports, text messages, emails, or witness statements.
Legal Representation: Work with an experienced divorce attorney who can effectively present your case and navigate the complex court procedures.
Consider Mediation: Before taking the matter to court, consider mediation to resolve the issue amicably, which can be a quicker and less adversarial process.

The decision in Taub v. Taub highlights the challenges and complexities of resolving occupancy disputes during a divorce. It serves as a reminder of the importance of legal guidance and the potential for unexpected outcomes in family law cases.

Hiring a Brooklyn Divorce Attorney

If you are involved in a divorce and face disputes over occupancy or other complex issues, contact Brian D. Perskin & Associates for expert advice and representation. Our dedicated team is ready to help you navigate your divorce proceedings with confidence and ensure your rights are protected every step of the way.