Legal Question in Family Law in New York

If the home is rented, who is on the lease? If you are on the lease, you can certainly reside there until the court says otherwise. If the house is owned and both of you are on the deed or you alone are on the deed, you can reside there until the court tells you otherwise. You may still have a tenancy in the home (lease or owned) even if you aren't on the lease or deed. However, in those instances, the court may allow you a short period of time to find a place.

You may want to file for separation or divorce to establish who has rights to possession of the house. Simply walking back in, even if you are on the deed or lease may cause her to call the police. Anything can happen once the police are called, including false claims of domestic violence. I've seen domestic violence used as a litigation tool too often to not warn you it could happen in your case.

If you want to go back home, you may want to write her through an attorney or close friend. At that point, she can either let you back in or file for divorce or separation. In any event, on the first day you move back, you should be accompanied by a friend or relative so they can serve as a witness to events.

ALSO LICENSED IN NEW YORK.