Legal Question in Family Law in New York

Re: leaving marital residence

This is a very difficult situation. Your husband does not sound like a 'good communicator'.

Divorce is always difficult and problems around distribution of the marital estate are a constant in these situations. His unilateral and aggressive actions are not unusual, but that does not mean you must permit him to run over you.

Distribution of the marital estate (the house, house contents, money, retirment, etc) is determined either by the agreement of you and your husband or by a court order. he has no right to "take" things other than personal items (clothing, toothbrush,etc). He can take his golf clubs, but not the coffee machine!

Since he has abandoned the marital residence and the action for divorce has been filed, you can request that he enter the house only when you are present and with 48 hours notice. ask the court to issue such an order.

The police may not have acted properly in assisting him. Ask your attorney to help you. A mere letter from your attorney can discourage the police from helping him again.

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

Re: leaving marital residence

I need more information to properly advise you on this matter. You probably do not have to let him in or allow him to take any property at this time, but you need to consult with an attorney immediately, before either allowing your husband into the home or refusing him. Fee free to call me at 212-367-9167. I do not charge a fee for the intial consultation.