Oneonta, NY asked in Civil Rights, Divorce, Family Law and Social Security for New York

Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I didn't know but I am in New York

1 Lawyer Answer
Kevin Abessi
Kevin Abessi
  • Civil Rights Lawyer
  • Franklin Lakes, NJ
  • Licensed in New York

A: I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions extrajudicially, make sure that you document them as best as you can. At this point, too, you may also wish to contact an attorney in order to further protect yourself and be ready for anything that your husband may attempt. The Legal Aid Society of Mid-New York, in Oneonta, may be able to assist you if you qualify; they are available for low-income and other vulnerable types. At the very least, they may be able to guide you in the right direction. Their number: (607) 433-2600. Best of luck to you.

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