Legal Question in Family Law in New York

if someone moves out of the marital home in nys and remains away for 4 yrs leaving the other spouse to pay all expenses inc taxes and insurance but both names still remain on the deed can the spouse who left the marital home come back at any time, change the locks, refuse to let the spouse (who's maintained the home) into the home, and move back in the home they left?


Asked on 2/07/10, 7:24 pm

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Since you both still have an interest in the home, the spouse that moved out cannot change the locks or move you out.

Have you considered obtainig a partition of the property?

Are you interested in obtaining a divorce?

Patricia Martin-Gibbons

Read more
Answered on 2/12/10, 7:40 pm


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