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  1. #1
    Join Date
    Oct 2020
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    1

    Default Separation

    My question involves a marriage in the state of: New York.

    I live in a house my parents own. I have lived here before I got married. He moved in with me. He does not pay toward the maintenance of the house or rent. His 9 year old daughter has a traumatic brain injury and over the years has become increasingly more volatire, mean and violent. She turns my life upside down. I have tried to do everything for her. In the event he gets custody of her, does he have the right to live in my house with her? They are both emotionally abusive when they are together. Would I be forced to move out of my own home if I won't live with her?

  2. #2
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Separation

    Quote Quoting Dogmom23
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    My question involves a marriage in the state of: New York.

    I live in a house my parents own. I have lived here before I got married. He moved in with me. He does not pay toward the maintenance of the house or rent. His 9 year old daughter has a traumatic brain injury and over the years has become increasingly more volatire, mean and violent. She turns my life upside down. I have tried to do everything for her. In the event he gets custody of her, does he have the right to live in my house with her? They are both emotionally abusive when they are together. Would I be forced to move out of my own home if I won't live with her?
    I'm not sure I understand.

    You say it's his daughter. Do you mean to say that she's not your daughter? If she's not your daughter and you are separating from him then no, he can't live in your home unless you permit him to. Why do you believe that may have a right to live in your/your parents home? If you are separating and eventually divorcing this man you have no responsibility towards his daughter. He cannot sue you for child support because you have no obligation since she is not your daughter.

    You mention custody. again, if you are not the child's mother then there is no custody to worry about. If you are the mother you can choose not to sue for custody in the event of divorce and expect to pay child support.
    "Where do those stairs go?"
    "They go up!"

  3. #3
    Join Date
    Oct 2006
    Posts
    16,441

    Default Re: Separation

    Quote Quoting Dogmom23
    View Post
    My question involves a marriage in the state of: New York.

    I live in a house my parents own. I have lived here before I got married. He moved in with me. He does not pay toward the maintenance of the house or rent. His 9 year old daughter has a traumatic brain injury and over the years has become increasingly more volatire, mean and violent. She turns my life upside down. I have tried to do everything for her. In the event he gets custody of her, does he have the right to live in my house with her? They are both emotionally abusive when they are together. Would I be forced to move out of my own home if I won't live with her?
    He has the right to live in the marital home until you separate and get sole possession of the marital home. That means that in the short term there is a chance that you could have to move out if you don't want to live with her. However, your parents certainly could give him notice to move out and evict him if he doesn't. In the long term he doesn't have any rights to the home because it's not a marital asset.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: Separation

    Quote Quoting Dogmom23
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    In the event he gets custody of her, does he have the right to live in my house with her?
    Given your statement that you "live in a home [that your] parents own," please clarify what you mean by "my house." Your post appears to indicate that you and your husband (at least I assume he's your husband) are tenants in a home owned by your parents. If that's correct, then each of you has identical rights to live in the home until such time as your parents seek to evict you, and those rights have nothing to do with him getting custody of his child from a prior relationship (I'm assuming this is not also your daughter because of your reference to the child as "his daughter").


    Quote Quoting Dogmom23
    View Post
    Would I be forced to move out of my own home if I won't live with her?
    You've given us no reason to believe that your parents wouldn't, at your request, evict your husband while allowing you to remain in the home.

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