To the contrary, under New York law, a nonresident spouse who is a titled owner of a house and enters without the permission of the resident spouse may be convicted of burglarizing his or her own property. People v. Glanda, 5 A.D.3d 945, 774 N.Y.S.2d 576, 581-82 (N.Y.App.Div. 2004) ("an owner can properly be convicted of burglarizing premises he owns but which are occupied by another") (collecting cases); cf. Milillo v. Milillo, 193 Misc.2d 265, 748 N.Y.S.2d 850, 851, 853-54 (N.Y.Fam.Ct. 2002) (rejecting husband's argument that as former resident and joint tenant by the entirety of marital residence, he was legally entitled to enter at will, on facts that "essentially constitut[ed] a burglary or trespass" in a family offense action); People v. Cheyne, 93 Misc.2d 554, 402 N.Y.S.2d 971, 972 (N.Y.Dist.Ct. 1978) (upholding trespass conviction of divorced husband despite honest belief of license or privilege to remain after exclusive possession of premises awarded to divorced wife). This is the case even though tenants by the entirety usually share equal rights to possess and enjoy the property.

Criminal trespass is not proven absent evidence of criminal intent, which entails knowledge, possessed by a person charged, that his or her presence is unauthorized. People v Cheyne , 93 Misc 2d 554 (Dist. Ct. 1978). The intruder must have been aware of the fact that he or she did not have a license to enter or remain on the premises.