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Thread: Evict Wife?

  1. #1
    moosejaa is offline Junior Member
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    Evict Wife?

    What is the name of your state? New York
    My wife and I are on the verge of divorce. We have only been married about a year and it has been nightmare for both of us. The house is in my name. She has just informed me that she will be taking a week cruise with a friend. She planned this without my knowledge. While she is gone I would like to move her things to storage and change the locks on the house. Can I legally do this?
    Thanks
  2. #2
    fairisfair is offline Senior Member
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    No. She is a tenant, you will have to legally evict her.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by fairisfair
    No. She is a tenant, you will have to legally evict her.
    Actually, since they are married its the marital home. He can't kick her out until a judge orders her to leave....or she leaves voluntarily.
  4. #4
    moosejaa is offline Junior Member
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    ramifications

    What could she do if I went through with it?
  5. #5
    Neal1421 is offline Senior Member
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    Quote Originally Posted by moosejaa
    What could she do if I went through with it?
    She could call the police or a locksmith. It depends on which route she wants to take with it.
  6. #6
    moosejaa is offline Junior Member
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    Thanks

    Everyone, thanks for the feedback
  7. #7
    CandiceH is offline Member
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    Not to be a smart a$$ but my ex managed to lock me AND the children out of the house that we had purchased ten years prior. My name was on the mortgage (and I was paying it until I moved) and the deed. The police were called several times so I could get in and I was told that I had no rights to the property since I went to stay with my mother for four days! I wasnt able to get into the house for two months and the last time the police were called I had my attorney on the phone and wasnt going to move my a$$. Yes, it is ILLEGAL to lock spouse out of the home but in my case, I got shafted.

    Talk to a local attorney, file for divorce, etc. BTW-who owns the home or is this a rental? If her name is not on the deed/lease you can do an eviction process (I believe - someone correct me if I am wrong).
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by CandiceH
    Not to be a smart a$$ but my ex managed to lock me AND the children out of the house that we had purchased ten years prior. My name was on the mortgage (and I was paying it until I moved) and the deed. The police were called several times so I could get in and I was told that I had no rights to the property since I went to stay with my mother for four days! I wasnt able to get into the house for two months and the last time the police were called I had my attorney on the phone and wasnt going to move my a$$. Yes, it is ILLEGAL to lock spouse out of the home but in my case, I got shafted.

    Talk to a local attorney, file for divorce, etc. BTW-who owns the home or is this a rental? If her name is not on the deed/lease you can do an eviction process (I believe - someone correct me if I am wrong).
    You are wrong. As Ldij said it is the marital home. As long as she is married to him she has a right to be there until a court says otherwise.

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