Legal Question in Family Law in New York

My husband has anxiety from the start he owns a house with his mother.. I lived there for 3 years then he asked me to go home for awhile bec. He was having anxiety with financial issues.. Now been away for 5 years he wants a divorce bec he said im causing the anxiety.. I have been mean to him sometimes bec. Of frustration on being separated geographically but i was always supportive.. Now he said he cannot stand my Attitude and causing him anxiety and now he wants to leave me.. Im moving back to out house.. Can he kick me out of our marital house?

Asked on 6/05/15, 4:04 am

1 Answer from Attorneys

Alan Joseph Alan L. Joseph, Esq.

Only if he gets a court order for exclusive occupancy. He will probably be successful if he makes the application. He could also obtain an Order of Protection if he is given a reason and files a family offense petition in Family Court or files a criminal action in the criminal court. He would have to allege you committed some criminal offense in order to go this route.

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Answered on 6/05/15, 6:40 am

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