Can my husband make me leave?

My husband had and affair and asked me to leave our apartment. We have a 6 year old son. I am currently living 40 minutes away from him. My husband thinks that he can continue living in our apartment. Can he actually do that? I was a stay home mom for 2 years working part-time while he was working. Still is working while I am not. We don’t have enough money just yet for a divorce, however eventually we will. Can he ask me to leave the apartment while he’s still having this affair?

Asked on September 11, 2018 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, your husband cannot make you leave. Unless and until there is a formal separation agreement in effect or a final decree of divorce which determines which one of you gets the exclusive possession of the apartment, it remains the "joint marital residence", no matter whose name the lease is in.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, your husband cannot make you leave. Unless and until there is a formal separation agreement in effect or a final decree of divorce which determines which one of you gets the exclusive possession of the apartment, it remains the "joint marital residence", no matter whose name the lease is in.


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