Legal Question in Family Law in New York

My spouse and I have decided that we no longer want to be together. However, he doesn't want a divorce he just wants us to live together until our children are a little older. We have 5 children ages 2-17. I have asked him several times to move out of the house but he has refused. How can I throw him out of our home that has both our names on the deed? By the way, as a way of upsetting me he has started to smoke in the garage. The smoke is coming in the house through the vents and the children are complaining of smell and the second hand smoke.


Asked on 12/12/09, 2:50 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. How can I throw him out of our home that has both our names on the deed?

A. You can't, unless there is violence and you receive a Family Court Order, or there is a divorce.

Mike.

Read more
Answered on 12/18/09, 5:58 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York