Legal Question in Family Law in New York

I was awarded exclusive occupancy of the marital home and all its contents as well as child support.However,my ex is still living in the home. I was told by the marshal in my city,that i can't legally evict my ex.because his name is on the mortgage and deed. I just don't understand how I was awarded the home,but he gets to stay? and I am receiving the child support and everything? PLEASE HELP!!!!!!!!


Asked on 8/06/09, 11:11 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If you were awarded exclusive occupancy, and demand has been made on your ex to vacate the premises - and he refused, you should be filing a motion with the Court for a warrant of eviction. With the warrant you would be able to enforce the order. The warrant would direct the marshal to evict the spouse pursuant to the order / judgment.

Mike.

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Answered on 8/11/09, 12:44 pm


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