Bill Text: NY A09481 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Broadens consideration by the courts in awarding temporary possession of a marital residence during the pending of a divorce action to include the best interests of the child, domestic violence and financial circumstances.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-03-07 - referred to judiciary [A09481 Detail]

Download: New_York-2021-A09481-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9481

                   IN ASSEMBLY

                                      March 7, 2022
                                       ___________

        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the domestic relations law, in relation to consideration
          by the courts in awarding temporary possession of a marital  residence
          during the pending of a divorce action

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 234 of the domestic relations law,  as  amended  by
     2  chapter 685 of the laws of 1963, is amended to read as follows:
     3    §  234.  Title  to or occupancy and possession of property.  1. In any
     4  action for divorce, for a separation, for an annulment or to declare the
     5  nullity of a void marriage, the court may (1) determine any question  as
     6  to  the title to property arising between the parties, and (2) make such
     7  direction, between the parties, concerning the possession (pendente lite
     8  or otherwise) of property, as in the court's discretion justice requires
     9  having regard to the circumstances of the case  and  of  the  respective
    10  parties,  which  circumstances shall include, but not be limited to, the
    11  following:
    12    (a) the best interests of the child or children;
    13    (b) incidents of domestic violence, which  shall  include  (i)  verbal
    14  abuse; (ii) physical abuse; and/or (iii) domestic violence as defined by
    15  the New York state office for prevention of domestic violence;
    16    (c)  the  financial  circumstances  of the parties, including, without
    17  limitation, whether or not a pendente lite sale of the residence that is
    18  the subject of the application for exclusive use and occupancy should be
    19  directed; and
    20    (d) any other factor which the court shall expressly find to  be  just
    21  and proper.
    22    2.    Such  direction  may be made in the final judgment, or by one or
    23  more orders from time to time before or subsequent to final judgment, or
    24  by both such order or orders and final judgment. Where the title to real
    25  property is affected, a copy of such judgment,  order  or  decree,  duly
    26  certified by the clerk of the court wherein said judgement was rendered,
    27  shall  be  recorded in the office of the recording officer of the county

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14653-01-2
        A. 9481                             2

     1  in which such property is situated, as provided by section  two  hundred
     2  ninety-seven-b of the real property law.
     3    § 2. This act shall take effect immediately and shall apply to actions
     4  and proceedings commenced on or after such effective date.