Legal Question in Real Estate Law in New York

My boyfriend and I own a house together. In April he kicked me out. Now he says if I come there he will slap a restraining order on me, and also I am no longer entitled to half of the house because I abandoned it. Is any of this true? Can I move back into my home if I want to?

Asked on 11/21/10, 10:00 am

1 Answer from Attorneys

kevin connolly Anderson Kill & Olick, P.C.

You can move in, but it will be a war zone. What you can do is sell the house out from under him. The tricky bit will be capturing more than 50% of the proceeds, but since you have been out of possession, you are entitled to at least 50% of the rental value of the house. Your "BF" is full of the smelly stuff.

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Answered on 1/01/11, 9:25 am

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