Legal Question in Family Law in New York
Stbx sneaking in the house
I recently discovered that my stbx husband has been entering our locked house while my children and I were on vacation and removed items (I have exclusive rights to the marital residence, as per the separation agreement, and had the locks changed over a yr ago). Is that a criminal offense since he is still part owner of the house? Thanks
1 Answer from Attorneys
Re: Stbx sneaking in the house
If you have exclusive rights, I think you can make out a case. Not sure the District attorney will prosecute it though he ought to. (He might think the ownership issue is undecided but it is a lot like a landlord going in and taking your property. There is a wrong there even if he is titularly on the premises legally.)
You do have grounds to get an order of Protection from the family court. That type of behavior will be frowned upon by family court judges who hate self help.
Speak to your divorce attorney before acting on this, but once you get the go ahead...go ahead.
Good Luck.
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