Articles Posted in Domestic Violence

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The determination to award exclusive occupancy of realty, even where the criminal court cannot liquidate and divide the asset (see, Kahn v. Kahn, 43 N.Y.2d 203, 401 N.Y.S.2d 47, 371 N.E.2d 809; Brady v. Brady, supra ), remains dependent upon the circumstances of each case (see, Domestic Relations Law § 234). It is nonetheless evident that the tension often occurring when spouses remain in the same household while divorce litigation is pending and with which the dissent is concerned is no less likely to arise where the parties have not resided together for a considerable length of time and one of them, although desirous of legally ending the marriage, was unsuccessful in doing so. As our dissenting colleague notes, domestic strife did not necessitate the original departure of

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