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Can I Kick My Spouse Out Of Our House During Our Divorce in Westchester County

White Plains Divorce Lawyers Explain the Answer

At the law firm of Riebling, Proto & Sachs, LLP, located in White Plains, NY, a very common question that clients ask our White Plains divorce lawyers is whether they can make their spouse involuntarily vacate the marital residence during the divorce. The short answer is yes. However the Court will only make an Order directing your spouse to vacate the marital residence and giving you exclusive use and possession of the marital residence in limited circumstances.

Exclusive Use and Possession of the Marital Residence in a Westchester County Divorce

Generally speaking, the divorce court in Westchester County will only make an order for exclusive use and occupancy of the marital residence during the pendency of a divorce action when the court is presented with either of the following situations:

  1. "upon a showing that the relief is necessary to protect the safety of persons or property", (Taub v Taub, 33 AD3d 612, 612, 822 NYS2d 154 [2d Dept 2006].); and/or
  2. Where a party voluntarily establishes an alternative residence and where the parties' relationship is acrimonious or domestic strife exists, the court may award exclusive occupancy of the marital residence. (Preston v Preston, 147 AD2d 464, 537 NYS2d 824 [2d Dept 1989]; Kristiansen v Kristiansen, 144 AD2d 441, 534 NYS2d 104 [2d Dept 1988].)

White Plains Divorce Lawyers and Exclusive Use and Possession

Consulting with an experienced and skilled White Plains divorce lawyer is vital when you are seeking an order of the court that directs your spouse to involuntarily vacate the marital residence. You need a lawyer who will present your argument and evidence to the Court in the most legally articulate manner possible.

The bottom line is that if you feel that may qualify under either of the above circumstances it is extremely important that you speak to a White Plains divorce lawyer to carefully review the facts and circumstances of your matter. We encourage you to contact our firm by calling (914) 840-5140 or by contacting us online for a FREE CONSULTATION. The White Plains divorce lawyers at our firm regularly appear in the Westchester County divorce court and have assisted countless clients in obtaining exclusive use and possession of the marital residence.

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