Legal Question in Family Law in New York

Marital Premises

Can a Judge after granting the plaintiff exclusive possesion of the marital premises also void any rights or interest that the defendant had in the premises before there has been a settlement on equitable distribution. The parties were married for 30yrs. and the defendant had his own lease to the premises.?


Asked on 3/05/02, 7:44 am

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Marital Premises

No. The grant of exclusive possession is merely the grant of the right of possession pending a determination of equitable distribution rights at trial. The Court cannot void one party's rights to property without a hearing/trial. I am assuming that you own the premises when providing the foregoing response.

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Answered on 3/05/02, 7:50 am


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