Can I change the lock to my house if my husband and I are legally separated?
Question Details: My husband and I have a postnuptial agreement and we are also legally separated. The separation agreement states that he must vacate within 30 days. 8 months have passed and he refuses to leave. He is living in my house for free and suing me for alimony even though we have these two agreements. I have also sent him a warning that he has 30 days to move out. The house is in solely in my name and I pay the mortgage and all of the bills. He doesn't work and stays in my house all day waiting for me to give him money and refusing to leave. Can I change the locks to my house?
NY does not recognize "self help" so that basically menas that you cannot take it upon yourself to change the locks without giving him a key while he is living in the martial residence. That being said, if you have an agreement (signed and notarized between the two of you) and he has already started a lawsuit for alimony, if that lawsuit is in Supreme Court, cross move and ask the court to compel him to move out based on the agreement. Keep in mind that this may affect whether the court will obligate you to pay him spousal support (alimony). Talk to your lawyer. He/she should explain the law to you in detail. By participating in this forum or reviewing or reading this reply, you agree that you have read and understand the following disclaimer: The information provided herein is of a general nature and may not apply to your particular set of facts or to all of your circumstances. It should not be construed as legal advice and does not constitute an engagement of our law firm or in any way establish an attorney-client relationship with our law firm. You should not rely solely upon information that you may receive herein. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during herein was pertinent at the time of the reply, but may become outdated. We are not responsible in any way for any outdated materials. IN NO EVENT SHALL WEISMAN LAW GROUP,P.C. or INDIVIDUAL ATTORNEYS FROM SAID LAW FIRM, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE REPLIES TO LEGAL QUESTIONS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE. Feel Free to contact our Law Firm at www.weismanpc.com or 516.256.7737 or 212.380.8076
