Legal Question in Real Estate Law in New York

My husband and I are separated but he lives in the basement of our home. Last year he filed for divorce and then withdrew. He did not pay his lawyer and they now have put a lien on my home mortgage. The mortgage is in my name only but he is on the deed. Can I remove him from the deed so that I can stop constantly paying his unpaid bills?


Asked on 1/19/11, 8:36 pm

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

You cannot unilaterally remove someone from a deed. The only way to accomplish that is by agreement or by court order. That is so whether the deed is held jointly with right of survivorship or as tenants in common.

Good luck to you.

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Answered on 1/29/11, 9:19 am


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