Legal Question in Real Estate Law in New York

co- owners

I co-own a cottage with my ex husband. He lived there

4yrs and paid me half rent. He moved out. I moved in

and paid him half rent. Lately I do not use the place

much and agreed to allow another woman to live there

if I could keep my belongings there and occassionally

stay myself for short periods of time. I charge her what I

pay my exhusband plus utitl\ities. My ex husband is

very ticked off because I did not ask his permission

first. He has now come up with a document indicating

that I would sign a quit claim to the property for $50,000.

He said I signed notorized it. I find it hard to believe that

I would make such an agreement . But I was under

much emotional stress at the time and may have not

realizing the consequences. That was about 3 years

ago. The property is worth much more than twice the

50,000 he is willing to pay. I do not want to sell my half

to him at this time. I offered to buy it from him for the

same amount and he refused. He will not allow me to

see the original document but will fax a copy to me. Do I

have any recourse or rights here or am I stuck with this

alleged agreement to sell for the 50,000?


Asked on 1/20/03, 4:44 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: co- owners

An attorney would have to look at the document to see if it is a valid contract. Since it is 3 years old I doubt it is one. If you and he cannot agree on a sale bring an action for partition where the court will compel a sale. Good luck.

Read more
Answered on 1/20/03, 5:45 pm
Michael Paradise Law Offices of Michael S. Paradise

Re: co- owners

Based on your belief that you did not sign the quitclaim deed or that if you signed it, you were under emotional stress (or that you may have been forced to sign it under duress), you may have a defense to your ex-husband's claim. A thorough investigation of the facts and a review of the alleged deed is necessary.

Read more
Answered on 1/21/03, 10:00 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York