Q: My ex wife had exclusive access to a home both her and I are on the mortgage. The exclusive access ends next year. A sale is supposed occur but if this doesn’t happen because she refuses to sell, will I then have full access to the home when the exclusive access expires?
A: One cannot answer definitively without seeing the Judgment & Agreement. That said, even if a specific court order of exclusive occupancy doesn’t exist, as a practical matter (& in this instance) the old adage that “possession is 9/10’s of the law” may be controlling. Schedule a consult with a Westchester Divorce attorney for a full assessment.