Legal Question in Family Law in New York

Here is my situation: I am unable to find work right now and rely on my wife supporting us at the moment. I do my part by taking care of everything around the house and I am home with my three year old daughter on Mondays and Fridays. Because we spend so much time together, my little girl is daddy's girl. My wife and I have been having problems for some time. Including no intimacy since April 2009. She rejects me and resents me lately. However, we both agreed to go to individual therapy to work through our problems because we know we each have issues but we don't want a divorce. Here's the dilemma: We had an arguement (not physical, just verbal) and she announced that she wants me out of the house while we go to therapy. I have nowhere to go, no money, and I don't want to leave my little girl. My wife says she can get me forced out of our home. Her name is the only name on the deed. My little girl would be devastated without me there. Can my wife just displace me until she's ready for me to come back?


Asked on 10/27/10, 10:56 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Let's answer these questions individually:

First, NO she can not force you out of the house. If you purchased the house during the marriage, it is irrelevant that her name is the only one on the deed, the house is a marital asset and subject to equitable distribution. It is also the marital residence and is considered both of yours, equally.

Second, currently, you are the primary caretaker of your child and in most cases could get resident custody of your child. In some very limited cases, this could get her removed from the residence, not you.

Lastly, this may piss her off even further, under the new no fault divorce law that went into effect on October 12, 2010, you will be entitled to spousal maintenance and she might be responsible for your legal expenses in a divorce action.

If you would like a free consultation, you can contact my office at 516-746-4747.

Joel R. Salinger

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Answered on 11/01/10, 3:50 pm


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