Iftitle to a house isin both a husbandandwife’s names, can the wife be arrested for trespassing if she tries to move back in?

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Iftitle to a house isin both a husbandandwife’s names, can the wife be arrested for trespassing if she tries to move back in?

My husband and I have been separated for 2 years after he was removed from our home due to a domestic violence issue. The home is in both of our names. I had moved out of the home about 4 months ago. I then moved back in for about 2 weeks, then moved out again because the husband was coming and going as he felt. He is now telling me he can have me arrested if I go near the home and he is renting the residence out. Can I move back in? Can he have me arrested?

Asked on September 29, 2011 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Is there any court order in place giving either you or him exclusive use and occupancy of the home, or any agreement signed by the two of you to that effect?  Then the home remains marital property and you have equal rights to it at this point in time. So no, he can not have you arrested and no, he can not rent it out with out your consent.  Can you move back in?  Yes, you can.  But I would get something filed with the court as soon as possible on this matter to make sure that your rights are set down in a court order.  His DV issue may help get you exclusive use and occupancy.  Your moving in and out does not help your cause though.  Seek legal help.  Good luck.


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