30 Day Eviction Notice For Spouse
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FAQ
By New York law, your spouse does not have the right to force you to move out of your family home during your divorce proceedings.
In this case, the police should be contacted. You could also apply for a non-molestation order through the courts if your husband is being violent or causing harm. Even if the house is in your name, you cannot force your husband to leave just because you want to divorce him when there are no safeguarding issues.
Yes, a judge could be required to give notice before a kick-out order goes into effect and forces the spouse to leave. If you feel an immediate threat of violence from the spouse, you should contact law enforcement before the order goes into effect.
File the necessary legal paperwork in court. Give your ex a copy of the paperwork explaining that they must appear in court and why, called the summons and the complaint. Wait for your ex to respond (typically five business days). Ask for a trial date if they continue to stay.
Getting a court order- Pendente Lite Even if your spouse's name is not on the deed and the monthly mortgage payments come from your paycheck, you can't simply evict them. Courts in New York will generally not remove someone from their own home unless they are a danger to their spouse and/or children.