What to do if my husband and I are still legally marriedbut he kicked me and our daughters out on the street and we had to go live in a shelter?

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What to do if my husband and I are still legally marriedbut he kicked me and our daughters out on the street and we had to go live in a shelter?

Is there any kind of legal action that I can take against him?

Asked on February 2, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should have been able to stay in the home since you have minor children. You need to get yourself a good and experienced divorce attorney who handles domestic violence issues and issues concerning this type of behavior and have the lawyer petition for you and your children to live in the home and force him to move out. You have to stand tough on this one and if this is any indication of the way things will be during the divorce, make sure you have a good support system, and one way is to make sure you have an attorney you can trust. You are entitled to live in the home and he had no right to kick you out of the home while you were married. You own that home, too. Or if you rent, you are a tenant, as well.


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