Legal Question in Real Estate Law in New York

When my father and his first wife got divorced, she got half the property. My father stayed and she moved away. When my father passed away, my mother received his half of the property. My fiance and I are looking to put a new house on this same property but we are looking to get my father's first wife off the property. She would like us to buy her out, but I have heard that since she moved away and has not maintained the property nor has she paid any taxes on the property in over 29 years, that she has no rights anymore and can be removed without payment. Is this true? If it is, how do we get her off the property?

Asked on 4/01/14, 4:29 pm

David Slater David P. Slater, Esq.

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That is incorrect. Your mother will need to bring a partition action and claim a lien for all expenses.

Answered on 4/01/14, 5:04 pm

Arnold Nager Arnold H. Nager, Esquire

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It may be cheaper to buy her out than spend the attorney fees on a partition action.

Answered on 4/02/14, 3:10 pm

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