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I own a piece of property that my soon to be ex-wife has a…

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I own a piece...

I own a piece of property that my soon to be ex-wife has a stay away order she is not on the deed I own it everything is in my name may I turn the electric off and the water off according to New York State law I own a piece of property that my soon to be ex-wife has a stay away order she is not on the deed I own it everything is in my name may I turn the electric off and the water off according to New York State law

Lawyer's Assistant: Has anything been filed or reported?

So far as what she had me locked up and said she got a stay away order I did receive a stay away order but I still own the property she refuses to leave and I want her out So far as what she had me locked up and said she got a stay away order I did receive a stay away order but I still own the property she refuses to leave and I want her out

Submitted: 7 months ago.Category: Legal
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12/9/2017
Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,617
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 7 months ago

So to be clear the stay away order is against the owner as indicated on the title, and the estranged spouse is living there?

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Customer reply replied 7 months ago
She has the stay away order against me I am the homeowner I don’t want to turn it off if it can be used against me as harassment
Lawyer: legalgems, Lawyer replied 7 months ago

If one spouse has exclusive use and possession of the home as a result of a court order, the court will typically treat that as a landlord/tenant situation so that if the "landlord" shuts off the water or other necessary utilities, the "tenant" may sue for damages, which may include lodging, incidentals (meals), and even punitive damages.

If the order specifically precludes the issue, then the person may also be held in contempt of court for the knowing and willful violation of a court order.

The stay away order will remain effective until it expires on its face, or the court terminates it.

Often during divorce proceedings the court will issue an exclusive use and possession of the family home order, and that may be temporary, or until the property is sold or a lease is expired.

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Lawyer: legalgems, Lawyer replied 7 months ago

It is possible to request the court to order that the person in possession must reimburse for all related expenditures (mortgage, taxes, insurance, maintenance, etc)

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Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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