Legal Question in Family Law in New York

Re: Marital property

The terms of the verbal agreement will be hard to prove, were probably incomplete and vague, and likely unenforceable at the end of the day. Your relative may be able to recoup the value of his improvements, but then your husband might seek to offset that by your relative's use of the property. All of the factual details of the arrangement really need to be considered, but I suspect that the money at stake wouldn't justify the costs of litigation. The improved property is subject to equitable distribution, so maybe your relative will contribute to an effort to acquire title by negotiation of a buy-out.

Re: Marital property

Divorce is tough enough without adding responsibility for the impact on relatives. This is a difficult situation. But the law part is easy; until the divorce decree/order gives ownership of the land to you or your son-to-be ex-husband, you are just as much an owner of the land as he is. And, this is the important part, you have a right to give permission to your relative to be on the land. Your husband cannot evict or charge rent to your relative without your agreement.

Send a letter, notarized, giving the relative your permission to stay on the land. Your husband will lose his action to evict. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029