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 #234:
I have only been married for two years. I have two children and he has two and we all live
Together in my husbandís house that he shared with his previous wife. We are having major issues and I donít know what to do. We live out in the country around his family. All my family live out of state so I donít really have a place to go. I left the house this weekend because my husband and I got into a heated argument and he had disabled the van I had been driving so I couldnít go anywhere. I called the police and they came out to the house but by that time he fixed the van. Both of our young kids were crying, it was awful. He told me that I couldnít come back to the house. My belonging are there. Does he have the right to change the locks on me? Can I call the police again before I go back? We have been staying in a hotel but money is running low. What are my rights as his wife although my name isnít on his house. Can he just put my kids and me out?

Answer:


He has no right to lock you out of the house. You should call the police and insist that you be allowed back in to the house and ask for an order of protection to keep your husband away from you and the kids until you can work things out or decide to get divorced. The fact that you do not own the house
Does not mean you as a wife do not have a right to live there.

Leonard M. Weiner, Esq./Divorce Solutions
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