Legal Question in Family Law in New York

want a divorce

My husband and I rent an apartment and are both on the lease. He has abused me on two occasions and destroyed my property in my home once. On all three occasions I called the police and had him removed. I can no longer for my safety continue with the marraige. He has taken his belongings and now resides with his mother. Is it LEGAL for me to change the locks since he has removed his things. I dont want to change the locks and then find out when I go to court that it was an illegal action. I plan on filing with the courts that he owes me rent since he is still on the lease. Can I technically sue my husband for rent while he has no access to the apt. I have all the police reports.


Asked on 5/12/09, 6:25 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: want a divorce

I assume there is an Order of Protection in place. Therefore, I would change the locks - and notify the landlord about the new locks.

In terms of suing for rent, you would be asking in a divorce action that he continue to pay the rent. This is deemed maintenance (alimony).

Mike.

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Answered on 5/13/09, 7:48 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: want a divorce

Have you filed for an order of protection against your spouse?

Are you planning on filing for a divorce soon?

Whose name is on the lease?

Does your spouse have any property in the apartment?

If yes, then let him remove his property.

You can make your request for payment of his share of the rent when you file for your divorce.

Patricia Martin-Gibbons

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Answered on 5/13/09, 12:47 pm


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