Exclusive Occupany of Marital Residence Is Custody Related

In Greisman v. Greisman, 98 A.D.3d 1079, 951 N.Y.S.2d 219 (2nd Dept.,2012), the Appellate Division echoed settled law that custody of children is a key factor in retention of the marital residence: “[T]he Supreme Court did not improvidently exercise its discretion in awarding the defendant wife exclusive occupancy of the marital residence until the parties’ youngest child reaches the age of 18 or is otherwise emancipated. ‘[E]xclusive possession of the marital residence is usually granted to the spouse who has custody of the minor children of the marriage’ ” … In making such a determination, “the need of the custodial parent to occupy the marital residence is weighed against the financial need of the parties.”