Unless a petitioner can prove that it is unsafe to continue living together in the marital residence until the divorce is final, a judge will not kick one of the parties out of the house. Recently in Brooklyn Supreme Court a Judge ordered the house split in half, ordering that a wall be erected. It seemed crazy, but the appellate division recently upheld her ruling.
In the case of Taub v. Taub, the Court ruled in favor of the husband in denying the wife’s application for exclusive occupancy of the marital residence.