Property records show that Skinnygirl millionairess Bethenny, 42, bought the apartment in the name of Molly Hayden, who worked alongside the TV star for two years and even featured on her reality TV shows.
But even though Bethenny may own the property- or at least the bulk of it - her estranged husband Jason, 41, will still be able to claim a share under New York law, a top divorce lawyer told MailOnline.
Meanwhile, Jason will not leave the marital home until a custody agreement for their two-year-old daughter Bryn is finalised, friends have revealed.
Hunky friend: Bethenny Frankel leaves New York eatery Lure yesterday with her business partner Matt Hesse.
Close: Bethenny Frankel bought her $5 million apartment in the name of her former assistant Molly Hayden.
Friend of the family: Molly Hayden with Jason Hoppy - and boarding a private jet with her former boss Bethenny.
Jason continues to live in the apartment and the top lawyer said Bethenny would NOT be able to evict her husband, saying: 'Under New York law you can’t evict a spouse from a property that a spouse is living in unless there is violence.
'Removing either a husband or wife from an apartment is the same as evicting them, and you can't evict without significant abuse or violence.
'You need to show a very compelling reason. Bethenny can't get Jason out.'
'But in my view, she’s not going to avoid giving him his share…and she won’t avoid his rights with the respect to living there.
'It's horrible when people are living together during a divorce - it's horrible for the child and the parents.
'What usually happens is that one of the spouses gets out after a custody agreement is put in place and they know exactly when they're going to see the child.'
Jason, 41, continues to wear his wedding ring - despite the fact the couple separated three months ago - and has made it clear that Bryn is his main concern.
The ring was clearly visible as he took his daughter n for a walk near their Tribeca home on Saturday. The pair were later accompanied by his mother Carol Hoppy.
Bethenny and Jason announced they were separating after two years of marriage in December.
'We're still pals': Bethenny Frankel's former
assistant Molly Hayden at an event to celebrate The Real Housewives of
New York City.
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