Can I get my husband out of my house ? How do I get him to leave ?

Asked over 1 year ago - Buffalo, NY

We have 2 kids together and I support my home and have ben for the last 5 years . He refuses to leave . We are renters but my children love this house . I do want a divorce but I am afraid he will contest it or something ! I can't afford to spend a lot of money . He is cruel and injust toward me .

Attorney answers (5)

  1. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . You can seek an order giving you exclusive use and occupancy of the residence - but you'll probably need the help of a local attorney.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Most lawyers advise their clients not to leave the marital home until a deal is reached so I doubt he will just up and leave.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Lawrence Allen Weinreich

    Contributor Level 18

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    Answered . Unfortunately, unless he has been violent you can't get an order of protection to get him out. That leaves you with getting a divroce as the only means of getting him out. You should speak with a local divorce/family law attorney about the specific facts of your matter.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  4. Frank Stephen Ieraci

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    Contributor Level 11

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    Answered . Unless he does something that enables you to get an order of protection, you cannot make him leave. You should speak to a lawyer about a divorce. While divorces are not cheap, it may not be as expensive as you think. Also, don't be afraid of what he might do. There might not really be that much to fight over. Listen to your lawyer. Do not let your husband intimidate you into remaining in an unbearable situation.

    Like many Buffalo are attorneys, I offer a free office consultation. Please feel free to call for an appointment if you would like.

    This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising.... more
  5. Maria C. Tebano

    Contributor Level 15

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    Answered . WIth the new Domestic Relations Law, you won't have to worry about your husband contesting the divorce, since you can file under Irretrievable Breakdown. As for asking your husband to leave, unfortunately, he doesn't have to leave, must like he can't force you to leave. If he is cruel toward you and it rises to the level of a family offense, then you can file a petition in Family Court, obtain an order of protection and have him removed from the residence.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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