married for a little over 10 years. 3 kids ages 9,7,5. been homemaker for over 7 years where he been sole provider. i have no where else to go with no money.
The right to reside in a marital residence is not based solely on whose name appears on the lease. However, depending on the facts in your case, there are options to seek an order for exclusive occupancy of the marital residence pending a divorce. As your husband is the sole wage earner, you may also be entitled to seek support and counsel fees.
You should seek the advice of an attorney to represent your best interests.
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
Telephone (646) 587-0188
Fax (646) 587-0187
Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do not establish an attorney-client relationship.
Of course, he can ask; and you can say "no!" Do not even think of vacating the apartment unless and until your attorney tells you to do so or a court orders you to do so. That said, do consult with an attorney immediately to review all your rights, options and obligations before you take any further action. Sometimes a telephone consult will be enough to get started, but you must get legal advice! The simple fact that your husband would even ASK you to vacate the apartment with three young children, no money and no place to go suggests that he believes you are ignorant of your rights and he will happily take advantage if you let him. You can find attorney contact info below or by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: [email protected] All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
The answer is no. Where you are living is the marital home and you and your children have the right to stay there. You need to meet with an attorney immediately to protect your right to remain in your home and to get adequate support from your husband. You also have the right to bring a family offense petition if your husband is threatening to you.
Please give me a call if you would like to discuss your case 347 457-0050.
This answer does not constitute legal advice nor does it create an attorney client relationship between us at this time. In order to retain my services you must sign a retainer and fee agreement with me, and receive and acknowledge receipt of a client's bill of rights.
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