Legal Question in Family Law in New York
My daughter lives in upstate NY, she was abused by her husband and and left their home. She went to court and got a restraining order. Since then she has not been able to live in their home and has needed to get an apartment. She is a joint owner of the house that her husband is living in. He does not help he pay rent and will not let her into their house. What recourse does she have to either force the sale of the house or make him buy her out of the house?
2 Answers from Attorneys
the protective order should order the husband to stay away from the home of your daughter. If it does she can go to the police and say he is in the house and remove him.
She will need to start an action in court for either a divorce or a separation. The court can order the house sold at the end of the case. She may also be entitled to other relief depending upon her financial circumstances. She should speak with a lawyer about all of this.
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