Legal Question in Family Law in New York

Home ownership

I am in the process of a divorce. My husband is still in our marital home while I'm living at my mom's. We just sold the home and I had agreed on a settlement his divorce lawyer proposed. Since the divorce agreement is not signed yet he is refusing to allow me to enter my own home to pack up unless I sign over the title to one of our cars. Is this illegal? Blackmail? Can I get the police to break in without jeopardizing my case? I still have been paying bills for the home since I moved out and have been visiting it every week. He has already removed all his own assets and isn't in danger of me tampering with any of his stuff, meanwhile he has full access to my assets and I can't do anything to prevent it. Any suggestions would be helpful.


Asked on 9/10/03, 4:32 pm

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Home ownership

Your husband cannot generally exclude you from your home and your property. However, I do not know what was agreed to.

If you were represented, you should discuss this issue with your attorney. If you were not, it would be wise to retain one.

Daniel Clement

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Answered on 9/11/03, 1:47 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Home ownership

You are correct in being suspicious of your husband's interpretation of the law. This type of behavior (power foolishness) is very common in cases of this nature.

However, on the basis of the facts you have given to me, your husband is wrong. You have a right to access to the property to remove your own separate property. The presence or absence of a divorce stipulation, agreement, or order has no bearing on this point.

If the police are called, it is more likely that they will help you lift heavy objects than impede your efforts! In this situation, the police will support you (especially if you have an opinion letter from your attorney asserting your right).

I must ask -- were you represented by a lawyer in this action? Have you had a licensed attorney review the agreement for you? A pound of prevention is worth a boatload of cure. Once it is signed, it is very, very difficult to make changes even if the agreement is unfair to one party.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/10/03, 5:27 pm


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