What can I do if my husband refuses to move out of our apartment?

UPDATED: Sep 30, 2022

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What can I do if my husband refuses to move out of our apartment?

I filed for divorce. He does not pay for anything, including expenses for our 14 year old daughter. He is working and can afford a place of his own but he will not leave. He is making my life miserable with all of his negative comments and yelling and name calling even though I try not to yell and fight back because it makes it worse for our daughter. It’s been a bad marriage and I can’t anymore. Our daughter is in high school and it is affecting her grades and behavior. It is also affecting my health as I have MS and it is beginning to affect my job.

Asked on November 15, 2015 under Family Law, New York


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

Answered 7 years ago | Contributor

Unfortunately, until your divorce is final or another court order has been issued regarding the exclusive occupancy of your, both you and your husband have equal rights to the your home since it is still the "marital residence". This is true not matter whose name the deed/lease is in. Therfore, you cannot force him to vacate at this point. The exception to this would be if he put you and/or your daughter in fear of your safety. At such point, you could get an emergency protective order to keep him from entering the residence (and if the threat is immediate, the police can come and remove him). However, based on the facts presented, while his bevhavior is troublesome, it does not appear to rise to the level of getting a court to intervene.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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