Legal Question in Family Law in New York

Re: Husband changed locks and Ex-wife moved in

You have many rights! However, most of them require you to file for divorce.

He has an equal right to use the house in any non-destructive manner that does not deny you access and use if that same house. He cannot lock you out, except as a part of a 'separation agreement' or 'order of protection'.

The 'order of protection' is something to worry about. that would give him exclusive legal control over the house and it is easy to obtain such an 'order'.

If you file for divorce, then the house and other assets become a part of the 'marital estate' and are divided between you.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Re: Husband changed locks and Ex-wife moved in

Hello:

I am an attortney in New York City. You cannot get out his guest. You can commence a divorce action.

You can get the divorce and request equitable distribution of the marital home. The property can then be placed on the market for sale. However, there are several factors that the court would consider in deciding whether it's appropriate at this time to sell the propoerty, including but not limited to:

How old are the children?

Is your husband paying the mortgage?

Paying on time?

Can he afford to possible refiance and buy you out?

Need more facts. Please feel free to call me toll free at (888)688-4878.

Re: Husband changed locks and Ex-wife moved in

You do not give enough facts about the situation. If he has exclusive possession of the house, you cannot exclude his guests. Feel free to contact me to discuss this in further detail.