Legal Question in Real Estate Law in New York

My husband and I purchased a piece of property in Rural Tioga County, NY in 2002. It is deeded in both our names. unfortunately in 2010, my husband decided to move out of state for a job, while he was in Florida, he decided to move on with his life and moved into another relationship. I had to file for divorce in 2011 which was finally recognized by the court of NY and Tioga County in 2012. During the time of our divorce proceedings a settlement agreement was finalized but is not a part of our divorce. My now ex husband signed and witnessed by his lawyer an agreement in which he gave up claim to the property. He has not signed over a quick claim deed and has threatened that if I put anything on the property ( I wanted to build a little home on it.) he will burn it down. I have offered for him to buy it from me, however he has not done so and won't give me an address to where he is so that I can take a legal action to get this taken care of. What recourse do I have the agreement followed and property deeded to me as it was agreed. He hasn't been in the state nor was he in the state when he signed the agreement, he did all through his lawyer. Prior to my filing, he did come into the state to get his personal property, and threaten me (police called and report made). I had to file to protect both my self and our personal assets from him removing to out of state. The house we lived in at the time was only in his name, during our divorce proceedings forced me to agree to move out and not make any claim on the home, but in agreement he gave up his rights or claim to the property. To make a point, he has let that move into foreclosure.


Asked on 2/28/13, 1:08 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

You need to start legal proceedings in NY to quiet title. Good luck.

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Answered on 2/28/13, 1:17 pm
Thomas Sirianni The Law Office of Thomas A. Sirianni

Give me a call to discuss 516-314-1343

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Answered on 2/28/13, 1:23 pm
Kevin Connolly Kevin J. Connolly

You need to sue. It's going to be challenging to find him, but we can dispense with that. We would attach the property,and sue "in rem." This way, maybe he doesn't find out that he no longer owns the property. 516-242-1453

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Answered on 2/28/13, 2:27 pm


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