If my husband and I are legally separated, can he still come and go as he pleases or must he have my permission to come over?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband and I are legally separated, can he still come and go as he pleases or must he have my permission to come over?

My husband and I have filed legal separation papers and I have all rights to the marital home. It was purchased by me before we were married and is in my name alone. He has another residence and has no responsibility for the marital home.

Asked on June 4, 2012 under Family Law, New York

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 11 years ago | Contributor

If the legal separation order gives you full possession of the house, next time he stops by uninvited, call the police for a trespasser.  Have the order in hand to show he has no right to come into the house.

Also, file for contempt against your soon to ex because he is violating the separation order.   The judge may need to place stronger language in a revised order or the order of contempt.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption