Legal Question in Family Law in New York
My husband and I are seperated and going thru a divorce. He is living in the house and has custody of our kids. Both of out names are on the deed and the mortgage. He is now 4 months behind on the mortgage and he has his girlfriend living with him. Can I do anything legally to get her out of the house since I am still an owner?
2 Answers from Attorneys
You can attempt to file a motion to modify the custody order to prohibit non-relative overnight guests of the opposite sex. If the motion is granted, the girlfriend will have to leave the house or he might lose custody of the children. Apparently, he cannot afford to keep the house. Therefore, you can also request an order that he puts the house up for the sale and stay current on the mortgage until the house is sold.
Also licensed and practicing in New York
The girlfriend in the house and the husband's nonpayment of mortgage are two separate issues. Concerning the nonpayment of mortgage, I would suggest a contempt motion.
Mike.
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