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Can my husband kick me out?

Q:  I'm thinking of leaving my husband and he will not take it well. He has a bad temper. We live in an apartment. His name is on the lease, not mine. We have a 6 month old baby. Can he just throw me out on the street just by calling the cops? What are my options as far as my rights for my and my baby's sake? I have no income since I'm a stay at home parent. I have nowhere else to go.

A:  David's Answer:  No, one cannot be summarily removed from a marital residence. That said, if you're thinking of leaving, then my advise would be to secure a residence elsewhere first, then break the news to him. If he gets angry, then you have the new place to go to anyway. Schedule a consult with a Bronx Divorce attorney for a full assessment. -- David Bliven, Bronx Divorce attorney (

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