Legal Question in Family Law in New York

Divorce

If we've been married for over 12 years and the house is on my wife's name do she have the right to kick me out of the house?


Asked on 7/09/08, 10:42 am

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Divorce

Unless you have harmed her, committed acts of domestic violence, etc. and she obtains an order of protection, your wife cannot force you to leave the marital residence - at least not initially. In a divorce, it does not matter which spouse has title to property. If it was acquired during the marriage, it is considered marital property. However, if there is going to be a divorce, at some point the house must either be sold or one party must leave.

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Answered on 7/11/08, 11:17 pm


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