Legal Question in Family Law in New York

I've asked my husband to leave.He refuses. As the home is under both our names. What are my rights? Can I make him leave?


Asked on 7/22/09, 5:50 pm

1 Answer from Attorneys

This is known as self-help eviction, and frequently works as between husband and wife, but there is no legal right for you to exclude your husband from his home; rather, it is social custom only that would force a husband from his home at his wife's request.

Additionally, the husband would tend to leave his home to 'keep peace' in the household.

However, his refusal to leave could come with some consequence that he would fear; your allegations of physical abuse, etc., followed by an order of protection would get him to leave, but he can always dispute your allegations of physical abuse.

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Answered on 7/27/09, 5:59 pm


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