Legal Question in Family Law in New York

Re: making spouse leave house

You need a lawyer ASAP. If you purchased your home after you were married, your spouse can claim part of it regardless of title, and if he doesn't want the divorce, you're in for a fight.

Re: making spouse leave house

Also, even if you bought the house before you were married, your husband can still try to claim a share in it based on any repairs or maintenance that he paid for or provided. So please, get a lawyer.

Re: making spouse leave house

Your husband does not have to agree to "give you" a divorce, you may file for the divorce without his permission, and obtain a judgment of divorce through the Court. If he does not "agree" to the divorce, the proceedings will be contested vs. the uncontested divorce. Although the house is in your name, it may still be considered a "marital asset", subject to equitable distribution laws, and the outcome will be determined, for the most part, based on financial contributions by the spouses. You cannot force your husband out of the house on your own prior to the settlement or divorce decree. Since he lives in the house with you, it is considered to be his residence and if you lock him out, you may be be opening yourself up to a possible criminal complaint. I would suggest hiring an attorney to protect your rights in this matter.