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Locking me out

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O

Onteora

Guest
What is the name of your state? New York

My wife and I are still in proceedings to get divorced. I have moved out. She has the kids for now. She has changed all the locks on the house. Can she do this? I have not done anything illegal, nor is there a restraining order or anything. She is just bitter. I have not gotten all of my stuff out of there yet.

What rights do I have
ELR
 


First, get a lawyer.

Second, get a layer.

Third, since New York is a community property state, and if both of your names are on the house, unless and until she files for and is granted exclusive use of the home, she cannot legally lock you out. Legally. But, since she has already, the best you can do is go back to step one and request a filing for joint use or at least access to the marital home.

Unless of course, she has/had reason to fear you, in which case she will most likely end up w/exclusive use and possibly a no contact order against you.

But, that is just my opinion and I'm not a lawyer in New York or anywhere else for that matter.
 

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