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new york getting wife out of house during divorce

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  • new york getting wife out of house during divorce

    My friend was married in 2004 and has been legally separated since 2010, no kids , wife never helped him in business , he put her through numerous rehabs spending about 6 figures but she never got sober, he pays all bills in house bought house before they were married and her name is not on the house. He is trying to sell the house while going through divorce and she is giving the real estate agent a hard time. Anytime agent wants to show house she says its not a good time and she sabotages any interested buyers. Can he get her out of that house and how can he do it? He was told legally shes not entitiled to house. So how does he get her out legally? Can he get a court order and make her leave? Thank you

  • #2
    Re: new york getting wife out of house during divorce

    Originally posted by Jax67 View Post
    My friend was married in 2004 and has been legally separated since 2010, no kids , wife never helped him in business , he put her through numerous rehabs spending about 6 figures but she never got sober, he pays all bills in house bought house before they were married and her name is not on the house. He is trying to sell the house while going through divorce and she is giving the real estate agent a hard time. Anytime agent wants to show house she says its not a good time and she sabotages any interested buyers. Can he get her out of that house and how can he do it? He was told legally shes not entitiled to house. So how does he get her out legally? Can he get a court order and make her leave? Thank you
    Once divorce is filed, all property is before the court and remains there until there is a final distribution with the decree of divorce. So, neither has a right to sell the house without the court's approval.

    What he needs to do is file a motion before the court for sale of the property and distribution of the equity of the asset. He can anticipate, however, that the court may well refrain from allowing sale until there is a total evaluation of the assets.

    He can also apply for an order for him to retain sole possession, pending the final decree.

    I don't know where he gets his legal information, who told him that, but it most likely was not a NY state attorney. His best course would be to retain a marital lawyer to advise him and handle his petition for divorce.

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    • #3
      Re: new york getting wife out of house during divorce

      I wish to inform you that in New York generally a spouse can only be moved out from the marital home where it can be shown to the Court that the spouse has indulged in extreme physical violence, in which case for the safety of the victim the Court may move out the spouse who indulges in aggressive behavior from the home.

      AFF

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