Legal Question in Family Law in New York

Re: co-habitating

Was the status of this house addressed in the divorce? For example, was it considered separately property or did she waive her interest in the house in a divorce settlement? If the house is separate property or outrightly owned by you, does she pay you rent or contribute towards the household expense?

If she pays rent, or contributes, then she may be considered a month-to-month tenant. If she is can be considered a month to month tenant, then you have to serve her with notice that her tenancy will expire in a number of days. If she is not paying/contributing, then she may be considered a Licensee. In which case, you will have to serve her with notice that the license has been revoked.

Please call my office if you require legal assistance in this matter.

Lissa Luke, Esq.

Disclaimer: This information should not be relied upon as legal advice because it is not a substitute for an in-person consultation with an attorney. Nothing stated in this response constitutes the establishment of an attorney-client relationship between you and this firm.

Re: co-habitating

you can bring an eviction proceeding against her for a holdover.

please contact my office if you would like to discuss this matter further.

shawn kassman