Legal Question in Family Law in New York

My boyfriend and I of four years were expecting our first child together. He owns his home. The question is he passed away in a tragic accident. My question is do I have any legal right to stay in our home. His family wants me out I don't kmow what to do.I have no where to go no family and I have three other minor children. Please help


Asked on 11/24/11, 6:44 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

This is a very interesting question. Your boyfriend's child - that you are expecting - has rights to the house. However, based on my understanding, your baby would have little to no rights until born since it is not, technically, an individual.

Once born, as the mother you are the child's de facto guardian. I believe that through your boyfriend's baby you would have the right to remain in the house.

Mike.

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Answered on 11/25/11, 6:04 am


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