Who gets to stay in the matrimonial home after separation?
For married spouses, both spouses generally have an equal right to possess the matrimonial
home, even if only one spouse is the registered owner. One spouse cannot require the other to
leave without consent or a court order. If the spouses cannot continue living together, the court
may grant one spouse exclusive possession based on factors such as the best interests of the
children, financial circumstances, available housing, and any history of family violence.
