Legal Question in Family Law in New York

Eviction before divorce?

A son and mother own a house. The son gets married and he and the wife live there. They become legally seperate and he leaves. Over time she refused to vacate the premises or pay rent.

The mother is evicting her before they get divorced.

Is this the correct way to handle this?


Asked on 7/24/06, 10:59 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Eviction before divorce?

Daughter in law should leave the premises. If She does not have mother in law's, or a Court's permission, via a Court Order, to remain, in mother in law's home, and she does not pay rent, "use and occupancy," or "something" toward maintenance of the household, daughter in law is "freeloading," and should be evicted.

Mother in law co-owning her home with her son, in no way obligates Mother in Law, to support daughter in law, (in place of; or on son's behalf).

Nor, should Mother in Law be expected to tolerate daughter in law's continued presence, in her home, for an extended period of time, when daugther in law is an unwelcome, dependant burden.

Thus, although Mother in Law SHOULD NOT attempt "self help" eviction of daughter in law, (which could lead to physical conflict). Mother in law is correct in petitioning the Court for the right to evict daughter in law, from her home ASAP.

Good luck,

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Answered on 7/25/06, 10:47 am


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