What does "exclusive use and occupancy" mean in my New York divorce case?

by Christina Randazzo, Esq.

"Exclusive use and occupancy" in the context of New York divorce and family law, is a phrase basically used to mean who gets to live in the marital home.  Whichever spouse has "exclusive use and occupancy" (or EU&O) gets to live in the house.  The other party must vacate the marital home and cannot access the home unless invited by their spouse, or by formal agreement or court order.  

A party to a divorce gets exclusive use and occupancy typically by filing a written application to the court seeking it.  It is not a given that the court will grant one party exclusive use and occupancy and preclude the other party from accessing the home. There must be good reason to do so.  A court may consider whether one party has already vacated the marital home and established another residence, whether the safety of people or property may be at stake if the parties continue to reside together, or generally whether "domestic strife" would be caused by both parties having access to the marital residence.  A court may also consider whether the vacating party has somewhere else to live, whether an alternative residence is affordable, and how the parties' children may be impacted.

If you have questions about exclusive use and occupancy, want to raise it as an issue in your divorce case, or need to defend against it, contact me to discuss your situation.