How to Get Your Ex Out of the House in New York State

Navigating a divorce or separation can be emotionally draining, especially when you and your ex are still living under the same roof. Tensions can run high, making it difficult to maintain a peaceful environment. If you're wondering how to legally require your ex to leave the shared home, the concept of "exclusive use and occupancy" might provide a solution for married couples, while other legal avenues exist for unmarried partners. However, every situation is unique, so professional guidance is essential when considering removing a partner from the home.

What Is Exclusive Use and Occupancy?

For married couples, the primary method of exclude an ex from the property is by obtaining an order for "exclusive use and occupancy." This is a court order that allows one spouse to remain in the marital home while requiring the other to vacate. It does not change ownership of the property but rather is a temporary arrangement during divorce or separation proceedings. The marital home is typically considered marital property if acquired during the marriage, regardless of whose name is on the title, and an order of exclusive use and occupancy does not change this.

These orders are not permanent and are often issued "pendente lite" (while the case is pending) motions and can last until the divorce is finalized or a specific event, like a child turning 18. Ultimately, the home may be sold, bought out by one spouse, or divided as part of the final property settlement.

Generally, the granting of such an order is appropriate only upon a showing that the relief is necessary to protect the safety of persons or property, or one spouse has voluntarily established an alternative residence, and a return would cause domestic strife. However, courts can be hesitant to remove a spouse from the home and won't grant it without a compelling reason.

To make their determination, New York courts weigh several factors to decide on exclusive occupancy, including:

• Best Interests of Children: Priority may be given to the custodial parent to minimize disruption.

• Domestic Violence or Abuse: History or threats of physical/emotional harm strongly support the request.

• Financial Ability: Can you afford to maintain the home (mortgage, taxes, upkeep)? Does your ex have alternative housing?

• Overall Hardship: The impact on both parties, including financial strain from the order.

What if You're Not Married but Living Together?

If you're not married but cohabitating, exclusive use and occupancy doesn't typically apply, as it's tied to matrimonial actions. However, you have other legal options to address the situation:

• Eviction Proceedings: If you own or lease the home solely in your name, you may treat your ex as a licensee or tenant and pursue eviction through Housing Court.

• Partition Action: If you co-own the property with your ex (e.g., both names on the deed), you can file a partition action in Supreme Court to force the sale or division of the property. This is complex and often results in the property being sold, with proceeds split based on ownership shares.

Special Case: Domestic Violence and Orders of Protection

Whether married or not, if abuse is involved, you can seek an Order of Protection through Family Court or Criminal Court, which can include provisions to exclude your ex from the home. This can be faster than a standard occupancy motion or eviction and provides additional safeguards. In these instances, evidence like police reports or medical records is crucial.

Contact a Syracuse Family Law Attorney Today

Whether married or unmarried, an experienced Syracuse family law attorney can build a strong case, gather evidence, and represent you in court. We provide representation across Central New York to aid in resolving these kinds of property disputes and helping clients secure stable living arrangements during tough times. If you're considering

removing a current or former partner from your home, contact us today for a consultation to discuss your options.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws can change, and outcomes depend on your specific circumstances. Always consult with a qualified attorney for personalized guidance.