Legal Question in Family Law in New York
Shared home rights
If my wife and I are equal partners in a co-op apartment and she had an order of protection against me,the locks changed, we went to court and the judge found that her allegations were without merit, How do I get back into my Home? I've asked and she refuses to let me back in.
2 Answers from Attorneys
Re: Shared home rights
I am a divorce attorney and would advise you to get a court order, or at least commence an action for divorce or some other proceeding, before forcing your way into the home. Your wife may trying to provoke a confrontation that could end badly for you. Consult with a qualified attorney before doing anything, and don't wait too long.
Re: Shared home rights
Assuming that you have disclosed all of the facts and that you are a legal property owner, with no restraining order prohibiting you from accessing the premises or coming near another resident of the premises, you can simply call a locksmith and have the locks changed. i recommend you have a witness present and you should expect that she will file another attempt at a restraining order or order of protection. you should consider whether your marriage will end in divorce and consult a divorce attorney about filing for exclusive use and occupancy of the marital home pending the divorce.
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