QuestionQUESTION: I live in New York. Everytime ,my husband and I argue he threaten to throw me
out and change the lock. I am so concern that I have items put in storage. can he
just change the locks? We have been married only a short time and it is his home
not mine.
ANSWER: Hi Rebecca~
No, he can't throw you out of the house, b/c you're married to him and reside in his home with him. He legally has to get a court order and evict you from the home. Once he's done that then he can have you forcibly removed from the home by the police/sheriff. But he can't just up and change the locks until after this, or unless you leave voluntarily. You have legal rights to protect you from something exactly like this. By doing that he's violating the law, and you can call the cops and he has to let you move back into the home. Court orders give you 30 days from the time it's court order, this allows you to find another place of residence and get your stuff all in order.
The only thing is that you're not entitled to is his home or half the value of it. You are only entitled to half of everything you purchased together jointly, as this is considered marital property, which is community (or shared) property.
If you have any further questions please feel free to ask.
---------- FOLLOW-UP ----------
QUESTION: Thank you for your prompt response. I gave up my apt to live with my husband
and he asked that I not work for a few month until after we have settled into our
marriage. Can I ask the courts for a financial settlement to help me find an
apartment and set my self while I look for employment. I am a freelancer so it
will take me not to long but the apt issue is major.
AnswerHi Rebecca~
Since you've not been married that long, a judge isn't going to give you a settlement or alimony. The only thing the courts will do is to give you half of the value of the home (as long as you bought the house together; before or after marriage). But just b/c it's court ordered doesn't mean he'll pay it to you. If he refuses to pay it, even with a court order, then you can get him in contempt of court, in order to do that though you'd have to take him back to court to collect the money, or to send him to jail.
