Legal Question in Real Estate Law in New York

Re: home jointly owned, seperated, husband wants me out

Only if he starts a court proceedings called a partition action. You will divide the proceeds.

Good Luck.

RRG

Re: home jointly owned, seperated, husband wants me out

Yes. A Co Owner, of property, who wants out, always has the right to Petition to compel the sale of the premises or payment to the Co Owner, for their share and interest in the premises.

A "Partition Action" is not applicable, since you are still married.

But, Your husband is entitled to obtain disposition of your respective share and interest in your marital property and assets, per a Divorce or Separation Proceeding.

If you do not have minor children, of the marriage, that are living with you, the Court may very well order you to "immediately" pay for your co owner's (husband), share and interest in the premises (hopefully you can refinance); or you can be compelled to sell (w/your husband) the premises outright, to a third party.

Please note, in NY property and assets your husband may have purchased or acquired since your separation, 10 years ago, probably will not be deemed "marital property" subject to a "marital property" distribbution formulae.

Good luck,