Legal Question in Family Law in New York

An almost 30 yr. old son still at home

I am recovering from my 4th cancer, leukemia and have been pretty sick. My 30 yr old is still home and thinks he is a help but is mostly a harrassment to me. I do need him to drive me and run errands but I just can`t take the stress. I am sure I can get others to do the bit he does. His father is not here but has told him as long as he owns half the house he never has to leave. Is this true ?? Do I have no rights ?? He pays nothing into the home and resents me highly. I can`t heal under these conditions and with this info under his belt, he feels he has run of the roost and I am nothing. He speaks to me like dirt and thinks I deserve it. I have 2 other college age sons also. Do I have any options or courses of action?? Do I have any rights as the homeowner and mother ?? I am so emotional and falling apart, my health is going backwards. As long as he believes his father is protecting his butt, I have to take whatever he dishes out. This can`t be.


Asked on 9/01/07, 5:01 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: An almost 30 yr. old son still at home

No, you can have him put out. I assume you are divorced or separated and you got the house as part of the deal. The father's part ownership is not a final determinant. Think of your joint ownership with the father as a lessor, and you individually as a lessee.

If you rented a place from a landlord, he could not force you to accept his son as a co-tenant. You most certainly have the upper hand here. If sonny boy can't help you heal, he better find a new shoe to live in. That goes for the rest of them too. You may be sick, but Mom is large and in charge... Make sure they know that. Oh btw, it is time you start collecting rent. 30 is too old to be living off the largesse of a parent, you will be doing the kid a favor and helping him grow up.

Good Luck.

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Answered on 9/02/07, 12:36 am


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