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Can I evict my wife from my co-op apartment that I purchased prior to our marriage?

Q: I purchased my NYC co-op apartment, moved my then girlfriend and her daughter in to the apartment about a year later. We got married and she has assisted me with paying maintenance while she has lived with me. We are now in a very bad place and will be getting a divorce. We have agreed that she will move out but I want to ensure I'm able to enforce this given that we are now sharing an apartment even though we are no longer in a relationship. 

A: David's Answer: As it is considered a "marital residence," the proper way to "evict her" is by filing for divorce & requesting a court order of exclusive occupancy. If she's agreeing to this, then you can also execute a separation agreement (or settlement agreement within the context of a divorce) stating you'll have exclusive occupancy. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

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