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Exclusive Occupancy
Historically, the concept of “exclusive occupancy” during the course of a matrimonial proceeding has been based on the claims of one spouse that the other is physically violent or otherwise poses a great risk to the spouse seeking possession of the marital residence. While the children are often named as possible or actual victims as well, the concept of the children's best interests has not been associated with an order of pendente lite exclusive occupancy.
Of course, the applications for exclusive occupancy — and the rigid tenacity of the parent who declines to relocate himself (or, less often, herself) — are often founded in the usual laundry-list of reasons that have absolutely nothing to do with where one spouse or the other ends up living. Advice from counsel is often not focused on the children's best interests, but on other compelling issues in the divorce that are allowed to take precedence over the children's welfare, many of which are financially driven.
It is time for this to change. Whether it is the leverage in custody negotiations that holding on to the residence may bring, or the leverage in financial matters that holding on to custody might bring, there is simply no more valid reason to maintain children in a highly dysfunctional, tense and contentious household pendente lite than there is to compel divorced parents to continue to reside together. The entry of judgment should not be the time marker that governs the children's welfare, and judicial note should be taken of this, with legislative action to back it up.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.