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?
2 Answers from Attorneys
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
Re: Pre-Divorce property rights
As long as he maintains rights in the home, he can come and go as he pleases.
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