Legal Question in Real Estate Law in New York

Out at the end of the month

My boyrfriend and I are to move in to his home at the end of the month. The home is listed as him as the primary and his wife as the secondary on the mortage. She has removed her belonging from the home and asked us to buy her out now she is coming and stating that this is their daughter home,and she wants back in. Does she have the rights to do this? They are not divorced and are currently sharing vistitation with the 9 year old daughter. They purchased the home three years ago. When she left totally about a month ago the utilities were about to be turned off - one of which was the day after she left and the mortage is almost three month behind. I have currently taken over the responsiblity for the utilites in my name and I am will ing to assume the mortage and place my name on it when she stated that she wanted her name off.

Unfortunately, my children and I have given noticed and we have to be out at the end of the month, thinking that we were moving to the house in question. Where do we stand?


Asked on 10/13/06, 7:43 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Out at the end of the month

You stand on the verge of making a big mistake, for yourself and your children.

If you move into your "married boyfriend's" home, the home your boyfriend owns with his wife. It is evident, You can expect to have absolutely no peace of mind or security, whether financial or emotional, in the foreseeable future.

Suggest that: Your "boyfriend" needs to buy his wife's share and interest in their home, BEFORE moving you or anyone else into it. He may arrange to do this, if the wife agrees, even before divorcing.

Also suggest that your "boyfriend" actually should be divorced, BEFORE you move your children into his home and into the middle of his drama.

Whether your children are young or nearly grown, you need to protect them from being compromised and the loss of respect.

Good luck,

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Answered on 10/17/06, 5:01 pm


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