Can My Wife/Husband be Arrested for Entering Their Own New York Home?
It would seem to be a simple truth: the owner of a house cannot be legally
arrested for the act of entering the home to which they have title. FALSE !!
A federal Appeals Court (2nd Circuit) in New York determined that an
estranged spouse did not have the right to enter the premises while the other
spouse, who had the right to reside in the spousal residence during divorce
proceedings, was away. Therefore any arrest of that non-resident spouse for
entering the former marital residence was legal.
New York Law is clear: a non-resident spouse, who is also a titled owner of
the marital residence, can be charged with burglary if that non-resident spouse
enters the house without permission.
arrested for the act of entering the home to which they have title. FALSE !!
A federal Appeals Court (2nd Circuit) in New York determined that an
estranged spouse did not have the right to enter the premises while the other
spouse, who had the right to reside in the spousal residence during divorce
proceedings, was away. Therefore any arrest of that non-resident spouse for
entering the former marital residence was legal.
New York Law is clear: a non-resident spouse, who is also a titled owner of
the marital residence, can be charged with burglary if that non-resident spouse
enters the house without permission.