QUESTION
How do I go about getting my ex-husband out of my house? The deed and loan are in my name.
Asked on Apr 07th, 2017 on Residential Real Estate - New York
More details to this question:
MY ex-husband is in my house in Holley, NY. The deed and loan are in my name. He does send me a check every month for the mortgage payment. We have been divorced since Jan 9 2012. I would like to sell the house or have him buy me out. (which I doubt he will be able to). There was an agreement between us for 2 years after the divorce that he could stay there and pay me the mortgage payment. There is currently no legal contract between us. I am currently renting and would like to buy a house, but need this previous house out of my name. My rent is up in Aug. I may have to evict him. I would like legal counsel on how to go about this.
1 ANSWER
1 Award
Like any other tenant he will need to be evicted in court. He will claim the mortgage payment is rent. You will need to send a holdover notice, and refuse the rent in the context of a case. Nothing you can do now, but your matrimonial attorney should have specified this issue in the decree. That was a mistake.
Answered on Apr 08th, 2017 at 7:47 AM