Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #28:
Last August my husband and I bought a trailer together. I traded in my old mobile home in as the down payment. His son moved in with us in November. During a fight I told him to leave and he refuses. Since he has a child and I have two children can I force him out until the divorce is final and the ruling is made on who will take over the home?
Answer:
Unless you have exclusive ownership of the trailer and it is registered in your name, your husband has a right to remain in the trailer.
You should first try to convince him to move, but if this proves unsuccessful, you could file for divorce and make an interim request from the court that it provide you with exclusive use of the trailer until the ownership is determined.

Good luck!

Leonard M. Weiner, Esq./ Divorce Solutions

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