Can my husband make me leave?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my husband make me leave?

My husband had and affair and asked me to leave our apartment. We have a 6 year old son. I am currently living 40 minutes away from him. My husband thinks that he can continue living in our apartment. Can he actually do that? I was a stay home mom for 2 years working part-time while he was working. Still is working while I am not. We don’t have enough money just yet for a divorce, however eventually we will. Can he ask me to leave the apartment while he’s still having this affair?

Asked on September 11, 2018 under Family Law, New York

Answers:

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

Answered 5 years ago | Contributor

No, your husband cannot make you leave. Unless and until there is a formal separation agreement in effect or a final decree of divorce which determines which one of you gets the exclusive possession of the apartment, it remains the "joint marital residence", no matter whose name the lease is in.

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

Answered 5 years ago | Contributor

No, your husband cannot make you leave. Unless and until there is a formal separation agreement in effect or a final decree of divorce which determines which one of you gets the exclusive possession of the apartment, it remains the "joint marital residence", no matter whose name the lease is in.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption