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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27682
Experience:  JA Mentor
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My husband and I have been married years, we are a gay

Customer Question

My husband and I have been married for 7 years, we are a gay couple and we got married in CA. just before prop 8 happened, He residse in CA. but about 4 months before marriage he bought a condo for me to live in in NYC. its not a typical arrangement ... I stay in NYC about 60% of the time and either I fly out to CA. to see him or he sometimes would come to NYC .. I.ve lived in the condo for the last 7 years, the cable and power bills are in my name and all my mail comes to that address ... to make a long story short ... after returning to NYC from visiting my husband in CA. I got home and the keys wouldn't work.. I was then escorted out of my building by a staff member that I would consider even a friend... he was very sorry but he said that because of my husbands request to the building Im no longer allowed in the Condo, everything I own is in the condo, I of course contacted my husband who confirmed that he had done such thing.. and is telling me to live on the streets.. he is the one with the money so now Im homeless (with my dog) and zero support ... can anyone please tell me what /where to go for help? Thank you, Anthony
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi Anthony,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

He is not allowed to lock you out of the marital home, even if he bought it before you got married. He's required to file for divorce and then get a court order before he can remove you from the premises. He's also not allowed to deny you access to your belongings.

If you were to file for divorce, you'd be allowed to file an Emergency Ex Parte Motion for Possession of the Marital Condo, explaining to the judge what you said to me and asking for an order that you be allowed back in. With that order, you can call a locksmith to give you entry. And if the condo staff tries to remove you from the premises again, you can show them the order as proof that you're allowed to be there. As part of the divorce, you'll also be able to ask for half of all assets acquired during the last 7 years, half the equity in the properties that accrued through payment of the mortgage, and spousal support that should last for a couple of years.

The best way to get back into the house quickly is to hire a local attorney to help you. New York law also allows a person to ask the judge to order their spouse to pay their legal fees, so you may be able to have a lawyer file that motion along with everything else. Try calling around to get a couple of free consultations and see if anyone can help you.

And I hope you're able to find a safe place to stay until this is resolved.

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