If my name is not on the lease, can my husband kick me out?

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If my name is not on the lease, can my husband kick me out?

Asked on December 24, 2017 under Family Law, New York

Answers:

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

Answered 3 years ago | Contributor

As long as there is no legal separation agreement or a final decree of divorce in effect, then no matter who is or isn't on the lease, your home is considered to be the "joint marital residence". This means that you both have the right to occupy the premises. if yur husband attemts to lock you out, etc. you can caontact the police.


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