Can I get my spouse removed from the property deed and kept from entering our home if she is having an affair and has moved out?

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Can I get my spouse removed from the property deed and kept from entering our home if she is having an affair and has moved out?

My wife is involved into an affair; she has even moved out of the home and is not willing to help pay any of the bills. She tells me that she wants nothing and that I can have it all, yet she coming into the home and taking stuff when I’m not here and I’ve told her if you want nothing then sign off of everything and she won’t. So can I get her legally removed since I’m still making all payments on the home and auto loan? I’m worried that she is going to just come after everything along with my son and I’m going to lose everything along with the money I’m using to pay the bills.

Asked on February 17, 2017 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot, while married, remove your spouse from a deed or vehicle title, even if you are making the payments on them. If you divorce, your marital assets will be divided between the two of you, and her marital infidelity will be one factor--though only one factor--in determining the economic arrangements of the divorce. Other factors in your favor will include use of the home (who is living there) and who is paying the costs of the home. So if you divorce, you may end up with the house, but that, or any other distribution of assets, would only happen in a divorce. It would be a good idea for you to discuss the situaiton in detail with a family law attorney, to undertand the likely outcome of a divorce, economially and in terms of child custody.


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