Legal Question in Real Estate Law in New York

Please help - desperate

I own a home with my husband (we are getting divorced) 4 months ago he allowed his girlfriend to move in without my permission. The house needs to be sold and he was told a r/e person was coming to give us a fair market anaylsis. He was at the house, along with me. His girlfriend locked their bedroom door and took the key with her. He had no way of getting in the room, nor did I and the r/e could not get the full view of the home. When I called the girlfriend and asked her for the key she told me I had to speak to my husband, I explained he was with me and she hung up on me. Can I break the door down to show the r/e the room? Can I have her thrown out of the house? It's my house, not hers? Any help will be greatly appreciated.

Thank you.


Asked on 6/02/06, 4:11 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Please help - desperate

YOU, calling the girlfriend for any reason, is inappropriate. In addition, if your soon to be Ex, has "exclusive possession" of your co owned house, YOU do not have the right to attempt removal of anyone from the premises.

However, you might have grounds for obtaining an increased share of the proceeds, after sale, based upon your need to be "compensated" or "reimbursed for costs or expenses," that you contributed to the house maintenance, mortgage etc., during the girlfriend's "residence" on the premises.

Good luck,

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Answered on 6/03/06, 6:26 pm


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