(WSVN) - Here is one for you. Your husband or wife tells you, ‘I am tired of you,’ tells you to leave and locks you out. Can they legally do that? It’s why one man who has been married for 50 years called Help Me Howard with Patrick Fraser.
His name is Arnold, and he also has a nickname.
Arnold Cohen, tossed out: “Mr. Bidet.”
You know what a bidet is. After you use the toilet, instead of using paper, you move over to the bidet to wash yourself.
Arnold Cohen: “So I developed an apparatus that would dispense water when you are sitting on the toilet to make it healthy, easygoing.”
After he had a heart attack, Arnold retired, but he says one thing in his life has never changed: his love for his wife, Donna.
Arnold Cohen: “I was head over heels in love with her, and we hit it off. She told her mother, ‘It was like one continuous date when I’m with Arnold.'”
Arnold and Donna have been married for 50 years — and, of course, had bumps in their long road together.
Arnold Cohen: “We had times of separations.”
During the separations, Arnold would live with his son before coming back to his wife.
And then, a few weeks ago, Arnold says his longtime bride had some news for him.
Arnold Cohen: “She starts to collect my clothing, then says, ‘You cannot stay here anymore, you have to leave.’ She locked me out of the apartment and said, ‘Don’t come back.'”
Arnold says he doesn’t know why she is tired of him, because he thinks he is a good husband.
Arnold Cohen: “The best. They don’t make them like me anymore.”
The apartment lease was in his wife’s name, but even though Arnold did not live there during their separations, Arnold considered it their place.
His wife obviously did not.
Arnold Cohen: “I did not see this coming.”
Arnold is 77 years old, with very few options and one question.
Arnold Cohen: “Is what she did legal, and do I have recourse?”
Well, Howard, a lot of people are waiting for the answer. Can one spouse throw the other out of a place they share?
Howard Finkelstein, 7News legal expert: “No, they cannot throw their spouse out, because they are both residents of the house or apartment, and it will require a court order to remove the husband or wife. However, Arnold’s case is different because his driver’s license listed his son’s address as his residence, and he moved between his son and wife’s home. Meaning he could not claim his wife’s apartment as his permanent residence, and therefore she can throw him out.”
We spoke to Arnold’s wife Donna. She says they have been separated for years, and after Arnold’s recent illness, she let him stay in her apartment off and on. She did not consider him a resident, just a guest in her apartment.
Howard Finkelstein: “That state has passed a new law that says, if a homeowner or renter signs an affidavit that the guest is not a permanent resident, the police can force them to leave. In the past, you would have to go to court to evict a guest.”
Arnold Cohen: “Thanks to the Department of Children and Families’ services for rescuing me out of here.”
Fortunately, Arnold has moved into an assisted living facility. As for his wife, Donna told us she considers her relationship with Arnold over. His feelings about her?
Arnold Cohen: “I’m done.”
Oh, well. At least Arnold has a place to live now. Now, if you have a guest in your place, whether you are related to them or not, when you ask them to leave, if they refuse, call the police to be safe, and let them walk them out.
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