How to I get my spouse put out of my home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to I get my spouse put out of my home?
I live in a jointly owned home with husband and 3 kids. Our marriage is over but he won’t admit it and therefore refused to leave. How can I make this happen legally and would it be harmful legally for me to leave with the kids?
Asked on October 19, 2010 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If you jointly own the home, you can't make it happen unless you get divorced and as part of the divorce settlement--or an order from the court, if you can't settle out of court--you get the house in some way, shape, or form and he is ordered to leave. Otherwise, it is his house as much as yours and he does not have to leave it. As for what harm it could do your case or situtation if you leave with the children, or more generally, what you should do, you need the advice of family or divorce law attorney, who can discuss you situation with you in-depth. You also need to consider a myriad of other issues, such as insurance (health and life--e.g. who's the beneficiary), best custody arrangements for the children, wills, medical decision making...if your "marriage is over" but you have not formally divorced, you should seriously consider divorcing, which, as noted, will affect many, many aspects of your life. This is something you definitely need to discuss with experienced counsel.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.