Legal Question in Real Estate Law in New York

After a divorce (2012) in which my ex was supposed to keep up the mortgage (from 2009 through 2011) which i paid her to do, she let the property fall into forclosure. The mortgage is entirely in my name, but the deed has both names. I took over possesion of the property (2012) and aquired additional debt to get it out of arrears. Now she wants what "is legally hers" of 1/2 of the property. What she has a right to is one half of the equity, of which there is none. I currently owe 20k+ more than its assesed value since aquiring the additional debt to get it out of forclosure. The agreement we had provides an option for one person to buy out the others portion of the equity. This is what she wants in order to give me deed in lieu. What steps need to happen if she becomes cooperative and decides to turn it over, and what are my options if she is not?


Asked on 4/01/15, 9:22 pm

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

If she cooperates, you just need a Quit Claim deed. If not, them you need to sue her. I would need to meet with you and review documents, but I think that an "action for an accounting to prevent unjust enrichment" would be the general tenor of the proceeding. Feel free to contact me through lawguru or call 5162421453

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Answered on 4/02/15, 6:37 am


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