Legal Question in Family Law in New York
Eviction of Husband
I have owned my home for 6 years. I am the only one on the deed and on the mortgage. I bought this home 3 years before I met my husband. We have been married for 10 months. He is an alcoholic and is verbally abusive to me and my 27 year old daughter who lives with us. Do I have any rights to force him to leave? No divorce or seperation proceedings have been started. I am afraid he will become violent.
2 Answers from Attorneys
Re: Eviction of Husband
Your husband has the legal right to stay in the marital residence. That being said, if you truly feel threatened or in imminent physical danger, you can go to family court and file for an order of protection. You should also file for a divorce regardless of his actions. If he acts agressively, you can call the police and have him arrested. The criminal court will grant you an order of protection at that time as well.
You can contact my office for a free consultation if you wish to discuss this matter further at 516.746.4747 or [email protected].
Joel R. Salinger
Re: Eviction of Husband
If he becomes violent you may file for an Order of Protection in Family Court to force him to leave. Otherwise, he has a right to stay in the marital residence.
Mike.
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