Proof Needed That Ex Barred Me From Entering Our Co-owned House?
My ex and I co-own our house. We split up a year ago. The year prior, we lived out of state for his work and had tenants. He managed the lease and coordinated with the tenants. He gave them my house keys. When we returned to New York, he refused to give me back my keys and made the house his primary residence. He is emotionally and financially abusive. After we split up, I filed chapter 13 bankruptcy. We have agreed to sell the house. Under the New York State Homestead exemption, if I were living in the house, I would be able to get up to $170,000 from the proceeds from the sale, but because it is not my primary residence, the bankruptcy court can take that money and distribute it to my creditors unless the judge rules otherwise based on my being barred entry. I assume if my lawyer explains all of this in court, my ex’s lawyer will dispute it. I have no written proof that he never gave me the keys, I just don’t have them. I do have people who will testify on my behalf that I told them when it happened that he barred my entry, but that’s all I’ve got. Do I have a chance of seeing those proceeds? He took me for all I’ve got and I’d really like to be able to buy a new place to live if at all possible.
Location: New York State
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