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 #176:
Eviction of Spouse

Hello,
My husband has been served the summons, the divorce has been filed. We were married in 1999. This house was given to me by my father in 1999 before he remarried. My husband refuses to leave. His name is not on the deed. What can I do? Can I call the sheriff or police?

Answer:
This matter should have been addressed in the Separation Agreement. If it is not, you should have your attorney get a court order instructing your spouse to vacate your home by a date certain.
If there is a question of physical abuse or violence, you should immediately call the police
and get an order of protection.

Leonard M. Weiner, Esq./Divorce Solutions
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