Getting a spouse to leave
Exclusive use and occupancy is removing your spouse from the home and you and your children get the exclusive right to live there, This is an option available only through the Supreme Court in the framework of your action for divorce or separation. It can be sought as part of a pendente lite (during the case) motion should things in your house be such that your spouse’s continued presence in the home causes domestic strife and, that exclusive occupancy is necessary to protect safety of persons or property at the premises to use. An application for exclusive use and occupancy insome cases, is a more effectiveoption than applying for an order of protection.
Conversely, If your spouse is trying to remove you from your residence, it can be exteremely important that your defense is the expedition, complete & effective. An award of exclusivity impacts not just the living arrangements but custody, child support, spousal support and sometimes is so impactful that it determines the path and resolution of the entire matter. As a Judge’s decision to remove a party from the home is discretionary, absent a showing that such discretion was abused these decisions are unlikely to be appealed and, if appealed are unlikely to be disturbed.
The general rule is that exclusive possession, pendente lite should not be granted without a hearing. However, exclusive use and occupancy may properly be awarded without a hearing upon a sufficient showing of abuse that is supported by uncontroverted medical evidence.