Legal Question in Family Law in New York

Pre-Divorce property rights

When one spouse voluntarily leaves the home, can that person come back and remove any items he/she needs or wants at will?


Asked on 4/25/04, 4:46 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Pre-Divorce property rights

Unless your right to "exclusive" possession of the home is established in Court or via a Stip. Or, your spouse is excluded via another type of Court Order, you will probably continue to have disputes over your occupancy of; and his access to the premises.

Try to arrange, with your spounse, to discuss with help of a professional counselor, how you may both make your separation as painless as possible.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/26/04, 2:55 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Pre-Divorce property rights

As long as he maintains rights in the home, he can come and go as he pleases.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/26/04, 11:29 am


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