Legal Question in Family Law in New York

illegal eviction

My husband and I were headed for divorce. Our marital residence was a house he owned before we were married.We talked and it was understood that I would move out when I could financially afford to or was compensated in the divorce settlement. Prior to this happening, while I was out of the house for 45 minutes on Aprl 2nd, he changed the locks so I could not enter the residence. I called the police and a lawyer but was not informed I could re-enter the residence. My belongings were in the house and are now in litigation. Did he break a criminal or civil law by locking me out without any notice? If I do what is the procedure I would take? Thank you.


Asked on 9/19/01, 7:47 pm

1 Answer from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: illegal eviction

No, unfortunately, he did not break any laws I am familiar with when he locked you out.

If you do not have an attorney already, you certainly need one now. You can do an Order to Show Cause to allow you access to the home.

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Answered on 11/06/01, 8:42 am


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