October 5, 2012

Awarding possession of the marital residence.



Practice point: Exclusive possession of the marital residence is usually granted to the spouse who has custody of the minor children of the marriage.

Student note: In making the determination, the court will weigh the need of the custodial parent to occupy the marital residence against the financial need of the parties.

Case: Greisman v. Greisman, NY Slip Op 06280 (2d Dept. 2012).

Here is the decision.

Tuesday’s issue: General contractors’ and owners’ liability for accidents.