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Exclusive use and occupancy of marital home

Q: I have been married for 25 years. We have two minor children age 17 and 18. We live in New York where child support is until 21. I plan to file for divorce after my youngest graduates high school in a few months. He will be 18 a few months after that. Neither child has any disabilities and no college plans, this year anyway. Kids and spouse are aware we will be getting divorced. Kids say they will want to stay with their father (he has no rules what-so-ever). I have no say after age 18. Our home is paid off and we have other marital assets that I believe may equal the value of our home. We will have to get everything appraised. If about equal, I want to sell our other assets so one of us could buy the other one out of our home. My spouse wants to prolong the sale of our assets and live in the house as long as possible and said he will be asking for exclusive use and occupancy of the house until our youngest turns 21. My question is, is it likely that a judge would grant this request? I realize each case is unique, but just looking for the likely-hood of this happening. I will be paying support, so would have a very difficult time paying rent, utilities and everything else.

A: Usually property is divided at the time of the divorce. Thus, if by “exclusive occupancy” he means he’s not going to have to buy you out for 3 years, this seems unlikely. Schedule a consult with a White Plains Divorce attorney for a full assessment. 

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