How to I get my spouse put out of my home?

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How to I get my spouse put out of my home?

I live in a jointly owned home with husband and 3 kids. Our marriage is over but he won’t admit it and therefore refused to leave. How can I make this happen legally and would it be harmful legally for me to leave with the kids?

Asked on October 19, 2010 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you jointly own the home, you can't make it happen unless you get divorced and as part of the divorce settlement--or an order from the court, if you can't settle out of court--you get the house in some way, shape, or form and he is ordered to leave. Otherwise, it is his house as much as yours and he does not have to leave it. As for what harm it could do your case or situtation if you leave with the children, or more generally, what you should do, you need the advice of family or divorce law attorney, who can discuss you situation with you in-depth. You also need to consider a myriad of other issues, such as insurance (health and life--e.g. who's the beneficiary), best custody arrangements for the children, wills, medical decision making...if your "marriage is over" but you have not formally divorced, you should seriously consider divorcing, which, as noted, will affect many, many aspects  of your life. This is something you definitely need to discuss with experienced counsel.


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