Legal Question in Real Estate Law in New York

Divorced but my name is still on deed to house

I am originally from NYS.I now live in NC and remarried.I never removed my name from the house I owned with my former husband of 28 years (in NY). We have been divorced since 2001.My husband lives in OUR house with his new wife.The divorce degree reads that our 3 children will receive the house upon our death. If he should die first, will I have a problem getting his new wife to leave? I've heard that he made arrangements for her to live in it for a few years after his death. Can I legally remove her before a few years. Can she claim squatters rights? I need to be reassured that I (and my children) will not have a problem if my former husband dies before I do. I have NO intention of removing my name from the house. Also, can he go behind my back and get my name removed? He is 60 and I am 58. I hope you can help me with this, so when the time comes, there won't be any problems. Thank you. Carole


Asked on 6/25/06, 8:47 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorced but my name is still on deed to house

Consult with an attorney ASAP, RE The several items and issues that you mentioned, that NEED to be clarified and resolved.

You should Review with your attorney, your docs, current applicable law, in light of both of your current respective circumstances, to decide whether you should seek to make any changes; and to decide whether the arrangements, in place, are reasonable, practical and actually reflect the intent of your divorce settlement.

Good luck,

Good luck,

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Answered on 6/26/06, 5:52 pm


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