Legal Question in Real Estate Law in New York

Re: marital property

Unless a claim is made of domestic violence, both parties can remain in the marital home during the divorce, although not in the same bedroom. Neither's right of occupancy is paramount, but the subject of negotiation. If the going gets difficult, the Court can order one party out (usually allowing the custodial parent to remain). Disposition of the home is governed either by negotiation or, if no agreement, by the Court. Usually the Court will allow the custodial parent to remain until the children are of sufficient age and then order the house to be sold and allocate the proceeds. Issues of cost of maintenace during this occupancy period will impact on alimony and child support.

Re: marital property

1. Yes, unless the judge orders otherwise.

2. The husband cannot, but the judge can.