Question #113:Married 1971,children now 24,28.I started divorce 1993,husband unstable, Children and self left house for safety in 1994, Trial by jury in 1996 contested by husband. I lost. So I am married to someone who would hurt me if he could find me. I have been in hiding since trial. Children now grown, on their own. Husband bought another house upstate ny about 3 years ago, he had been living in our house that we bought in 1976 which is now paid for up until this summer, visiting the other house on weekends. He now lives upstate and plans on renting our house. Questions:does he have the right to rent with out my permission? I was in a very bad accident in March of 2003, I’ve had 7 operations since, the last was a spinal fusion leaving me out of work. I do collect social security disability. I haven’t asked him for any support or help of any kind, however if he is not going to live in the house, i might. Should I get a restraining order to prevent him from renting? Should I break into my house (he changed the locks in 1996) and change the locks myself and start living there? I need to know what to do because once someone else is in the house it will be imposible. help me please.

In order to properly answer your question I must know whether you are named on the deeds as a joint tenant or tenant in common with your husband. If you are named on the deeds you are an owner of the property and as such have a right to determine whether the property shall be rented are not. Because you have not entered into a legal separation agreement or divorce, you are still entitled to approximately one-half of all of the assets acquired by husband during the course of your marriage, including this new house upstate. However, as long as you have not been legally separated, or divorced, it is the ownership of the property as reflected in the deeds which will determine the rights of the named owners to rent or dispose of the property as they see fit.

If you’re located in the New York City metropolitan area, please call me at 212-370-1660 to make an appointment to discuss the matter and greater length.

Leonard M. Weiner, Esq./Divorce Solution

Question #112:i have been married almost 10 years-4/20/04 if i get a legal seperation can i also stay on the medical insurance- he is a suffolk county police officer- the insurance for the me and the two kids is free no out of pockets expenses for him. Also he is an extreme drinker and has some police reports filed on him for abuse to me only -the abuse (all of them has been since a month after we married- i have always kept a diary and can list all dates which is quite often he has involved in his behavior and to top this he has many girlfriends and one after two years of coming here breaking in , ramming garage doors and getting my husband loaded work gun and holding james& I hostage and etc. his job finally kept coming here and finally talked me into order of protection -in which she violates here and there- but its much better-my husband still meets her goes to all her courts dates and has a tattoo on his arm of her name about 2 years now. i live in fear from him everydayi do not any acess to money and well its pretty horrid-he does not hurt the kids just ingores them alaways did- their ages are 5 ,7 they do not like him and are telling me not to let him in the home and want a new nice dad, well he does make $102,000 a year but he fails to give us money and i mention he goes missing for days, sometim weeks etc with no way to contact him -my mom lives downstairs and thank god for her she doesnt make much with social security but can help sometimes. i have recently had to go to a church for food it was embrassing he keeps his paycheck cash in his wallet there is no money anywhere in accounts and he pays bills sometimes but the house went into foreclosure twice and my friend gave me the money to save my youngest child will be going to school soon he forbids me to work all thses years, and have to produce receipts when he gives me food money to check to make sure i never get change back and to see and critize what food i bought. my friends help to get me hand me downs for me and kids and even bought them new jackets for the winter when they came here (which is only allowable when james is working) and he does not know we are not allowed to have anyone over to visit- anyway i cried when i got the jackets- our home is falling apart it was a foreclosure when we got it and needs lots of work which he does not want to or have any repairs so its not worth much. but he always on vacations himself, out at bars all of the time, sporting events , rock concerts etc.. and the cable shut off again and phone disconnected again because he so late paying or for lack of not paying them etc.. what would be the best thing to do –also he does want a divorce or seperation -that he is handling everything etc-but he does not. i need help-also he has a son who is 12 from a previous girlfriend he never sees him last time maybe 3 years ago me and my kids would get and see him 100x more than james-the child support is 700.00 a month which is garnished from his paycheck. i sure this would have some bearing on me and kids. i live in New York State. Could you tell me how much i would receive in child support thank you- sorry its so long, but i guess you would need to know basic of components thank you please write back.

As part of any court settlement, if you cannot afford health insurance for your children and for yourself, the court will require your husband to provide it, either through his employer if it possible, or through some independent means. If you are unable to work or must tend to the children because they are infants, the court will require your husband to provide you with spousal support. In addition he will be required to provide you with child support for the children and for you to remain with the children in the family residence. The exact amount of support both spousal, and child, will depend on book on a number of factors including your income if any, his income and what your total assets are (Statement of Net Worth).

If you feel that you with and or the children are in danger, you should call the police and get an order of protection.

Leonard M.Weiner, Esq./Divorce Solutions