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Evict Wife?

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moosejaa

Junior Member
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
 


LdiJ

Senior Member
fairisfair said:
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.
 

CandiceH

Member
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).
 

Ohiogal

Queen Bee
CandiceH said:
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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