Legal Question in Family Law in New York

what rights on a house do I have

I am married and we bought a house 1 1/2 years ago. Being he's a veteran and I was not working at the time the house is in his name alone. My question is can I change the locks and lock him out. I hired a private investigator and found out he is cheating on me.

Thank you


Asked on 11/29/03, 10:17 pm

3 Answers from Attorneys

Seth Kaufman Seth M. Kaufman

Re: what rights on a house do I have

Your rights to ownership and to possession of the home are two different issues. If he is living there and you lock him out, he will strong claims against you, even if the police do not help him get back in. If you want a divorce and division of assets, you need to go through the proper legal procedures. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 11/30/03, 12:41 am
Albert Van-Lare The Law Office of Albert Van-Lare

Re: what rights on a house do I have

He has a right to be in the marital home unless a court keeps him out.It does not matter whose name is on the house. You both have the right to reside in the home.Even if the house is in your name you have no right to change the locks and keep him out without a court order.The situation might be different if violence in an issue

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Answered on 11/30/03, 1:26 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: what rights on a house do I have

No. That would be a wrongful eviction and could be a criminal offense. Your rights are to seek a divorce attorney, if you so choose, and get possession and ownership of the house as a disposition of the claim.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/01/03, 10:17 am


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