Legal Question in Family Law in New York

My husband and I own a home in Rochester NY. We also own a condo in Fl. We rent out the Florida condo for vacationers. The building has been shut down for construction. Since we have no renters my husband and I thought it would be a good idea to do repairs and updates. I have been here for 2 months. Can my husband take/lay claim to my NY home in a divorce because I’ve been gone 2 months?

Asked on 4/10/24, 5:15 pm

2 Answers from Attorneys

Howard Knispel Howard E. Knispel, P.C.

In a divorce proceedings in NY, the occupation of a home is not determinative of ownership. However, pending the divorce litigation, a court can allow a spouse to remain in a property.

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Answered on 4/11/24, 5:22 am
David Slater David P. Slater, Esq.

No. The deed controls title.

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Answered on 4/12/24, 7:57 pm

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