Can my husband kick me out?
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Can my husband kick me out?
He says that he can since the lease is in his name. We haven’t been getting along.
Asked on November 26, 2017 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless and until there exists a legal separation agreement in effect or a final decree of divorce has been issued, the apartment/house, etc. that you share still remains the "joint marital residence". This means that you still have the right to occupy the home, therefore he cannot just change the locks; this is true no matter whose name the lease is in.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless and until there exists a legal separation agreement in effect or a final decree of divorce has been issued, the apartment/house, etc. that you share still remains the "joint marital residence". This means that you still have the right to occupy the home, therefore he cannot just change the locks; this is true no matter whose name the lease is in.
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