Assembly Bill A9481

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9481
 
                           I N  A S S E M B L Y
 
                               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:

   Section 1. Section 234 of the domestic relations law,  as  amended  by
 chapter 685 of the laws of 1963, is amended to read as follows:
   §  234.  Title  to or occupancy and possession of property.  1. In any
 action for divorce, for a separation, for an annulment or to declare the
 nullity of a void marriage, the court may (1) determine any question  as
 to  the title to property arising between the parties, and (2) make such
 direction, between the parties, concerning the possession (PENDENTE LITE
 OR OTHERWISE) of property, as in the court's discretion justice requires
 having regard to the circumstances of the case  and  of  the  respective
 parties,  WHICH  CIRCUMSTANCES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 FOLLOWING:
   (A) THE BEST INTERESTS OF THE CHILD OR CHILDREN;
   (B) INCIDENTS OF DOMESTIC VIOLENCE, WHICH  SHALL  INCLUDE  (I)  VERBAL
 ABUSE; (II) PHYSICAL ABUSE; AND/OR (III) DOMESTIC VIOLENCE AS DEFINED BY
 THE NEW YORK STATE OFFICE FOR PREVENTION OF DOMESTIC VIOLENCE;
   (C)  THE  FINANCIAL  CIRCUMSTANCES  OF THE PARTIES, INCLUDING, WITHOUT
 LIMITATION, WHETHER OR NOT A PENDENTE LITE SALE OF THE RESIDENCE THAT IS
 THE SUBJECT OF THE APPLICATION FOR EXCLUSIVE USE AND OCCUPANCY SHOULD BE
 DIRECTED; AND
   (D) ANY OTHER FACTOR WHICH THE COURT SHALL EXPRESSLY FIND TO  BE  JUST
 AND PROPER.
   2.    Such  direction  may be made in the final judgment, or by one or
 more orders from time to time before or subsequent to final judgment, or
 by both such order or orders and final judgment. Where the title to real
 property is affected, a copy of such judgment,  order  or  decree,  duly
 certified by the clerk of the court wherein said judgement was rendered,
 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
 
 in which such property is situated, as provided by section  two  hundred
 ninety-seven-b of the real property law.
   § 2. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on or after such effective date.