Brooklyn, NY asked in Divorce for New York

Q: What is Occupation Rent and When is it Awarded?

My spouse lives full time in our summer house (paid cash, no mortgage) and I rent a 2BR ($4000) in the city. We co-own the summer house. There no court order giving her exclusive occupancy. We have a significant discrepancy in income ie. my income is significantly higher.

I feel it's unfair that my spouse remains living in the home rent free while I pay rent elsewhere. My spouse is using my hard earned capital without any return to me.

Question: does my spouse should pay an occupation rent to me?

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: There is no such thing in NY law as "Occupation Rent". Basically she is a co-owner so you can not collect rent from her. You can move in there if you desire since there is no order forbidding it. You can file for divorce but be aware that you will likely pay her significant support because your earnings are higher. Talk to a lawyer.

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