Legal Question in Family Law in New York

House rights

My husband and I own a home together. (both names on the mortgage and deed). He left, and does not contribute to the payments. Is he allowed to come and go when he pleases?


Asked on 9/15/08, 9:23 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: House rights

On the one hand he owns the house. On the other hand he abandoned the house. Yet, if he abandoned the house how is he coming and going? I come and go every day from my house. Therefore, the question is why is he coming and going?

If he is coming and going simply to cause you anxiety, grief, theft, mischief, etc. He has no clothes or personal effects in the house. He has a bed in another location. He is out of the house more than 80% of the time. I would change the locks.

If he is out of the house less than 50% of the time. If his clothes and personal effects are in the house. If he receives mail at the house. If he takes telephone calls in the house. If he showers and eats in the house, I would say that he has not abandoned the house and you would not be allowed to change the locks.

Mike.

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Answered on 9/16/08, 7:59 am


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