If my husband and I are legally separated, can he still come and go as he pleases or must he have my permission to come over?

My husband and I have filed legal separation papers and I have all rights to the marital home. It was purchased by me before we were married and is in my name alone. He has another residence and has no responsibility for the marital home.

Asked on June 4, 2012 under Family Law, New York


Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

If the legal separation order gives you full possession of the house, next time he stops by uninvited, call the police for a trespasser.  Have the order in hand to show he has no right to come into the house.

Also, file for contempt against your soon to ex because he is violating the separation order.   The judge may need to place stronger language in a revised order or the order of contempt.

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