Legal Question in Real Estate Law in New York

Selling

I own a house in upstate new york. My stepson has ben living in it for the

past few years with his girlfriend and now they are having problems and will

be splitting up she is giving him a problem about moving out she said she

owns part of the house because she has help pay the mortgage. I Owen the

house and the mortgage is in my name. She said she has talked to an

attorney. Is this going to be a problem for me. I was thinking of fixing it

up to sell????

Thank You

--name removed--


Asked on 2/17/07, 3:46 pm

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Selling

It can be an annoyance but should not be more.

Feel free to contact this office for a free consult.

Good Luck

RRG

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Answered on 2/17/07, 4:11 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Selling

If a House Tenant does not have a WRITTEN Option to Purchase, Contract, or other "Ownership Agreement" with the owner, that specifically transfers an ownership, equity or other interest in REAL PROPERTY premises, to the Tenant/s, the Tenant/s cannot "acquire" ownership or an equity interest in their rented premises, by virtue of rent or any other payments they may have made re their "tenancy" or "license" to live on the premises.

However, suggest that you file for a Court Order legally evicting both your stepson and his girlfriend from your premises, ASAP. For, it appears that you such action is necessary to your peace; and will help you avoid the possibility of a disenchanted tenant damaging or destroying, your premises.

Good luck,

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Answered on 2/17/07, 5:06 pm
Seth Kaufman Kaufman PLLC

Re: Selling

You should immediately consult with a landlord-tenant attorney in the county where the house is located to determine exactly what notice you need to provide and how to commence a proceeding to remove her. Her claim against the house is probably meritless but, even if she was entitled to money from you, the issue is irrelvant to her occupancy. You need to get her out ASAP. Feel free to call me if you need help finding the right kind of lawyer in the area.

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Answered on 2/17/07, 9:55 pm


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