Legal Question in Family Law in New York
hello, my mother needs help. my father divorced her without her consent or knowledge 5 or six years ago. He is mentally unstable at present he is 65 years old and he is in a nursing home. It is documented that he is mentally ill and has apparently been ill for many years. Presently she is helping him but his house needs to be sold and he is acting like an idiot. Does she have any legal claims to the house although divorced she has been living in the house . She would like to sell the house to pay his debts as well as to move on with her life .
1 Answer from Attorneys
Whether she has a claim or not was something decided at the time of the divorce. It's hard to understand how she could have been divorced without her knowledge or consent - but if there was some defect in the procedure, she'll need the assistance of an attorney to re-open the case, at which point the house will once again be in play.
If there's no movement on the divorce and he has ownership of the house it's unlikely that she would be appointed to act on his behalf. However, it's possible that his child or children might be.
If you'd like to arrange a consultation to discuss the case in detail, please feel free to get in touch.
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