Legal Question in Real Estate Law in New York
Evicting Unwanted quests
My 28 yr old step son lives with me and my wife (his mother). He refuses to work. What legal means do I have when my wife refuses to allow me to throw him out. we are both on the mortgage.
Asked on 1/03/09, 12:42 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Evicting Unwanted quests
This is tough. If both you and your wife wanted the son to leave, you would terminate his "license" to live at the property (30 day notice) and commence a summary proceeding.
Since you and your wife do not agree on this issue, the next question is "who owns the house?" If the house is owned by you, you would have the right to evict the son. If the house is owned by the wife only, you are out of luck. If the house is owned by both you and the wife, you are probably out of luck.
Mike.
Answered on 1/03/09, 2:52 pm