Legal Question in Real Estate Law in New York
Previous owner of property acting like he still own the house
Someone i know was having a tax lien problem in the amount of 35K for not paying any bills in 10 years it was about a week before the house was about to be taking away and he gave me half ownership to pay off the debt.. After getting involved 1 month i realized that this guy had a problem paying bills and many repairs was needed which i was intially un aware of he agreed to go half and half on all the new bills and never gave me nothing. I told him he has to transfer full ownership to me so I can keep up with everything and he said okay just let him live for free and after 6months he gonna move upstate and i told him i will give him 400 monthly for the next five years after property was fixed and making income. Now its been 8 months and he refuses to move. I offered him 25K to leave and now he saying i swindled him out the house. My question is how long would the eviction process take with these allegations?? And what should I do? THe property is worth 500K fixed up.. I already put in 100K in expenses and repairs.. about 125K is still needed
1 Answer from Attorneys
Re: Previous owner of property acting like he still own the house
A lot depends on what is in writting. If you are the deeded half owner of the property, you could not evict him as his defenses are that he is a titled owner to the property and is entitled to live there.
In that case you would have to bring a partition action against and force the sale of the property usually by public auction.
At least you would walk away from the house and him, and still received a tidy sum of money
If you are the sole owner of the property, he would just be a tenant, and an eviction process could be commenced almost immediately.
Much depends on the paperwork and agreements in writting between the parties.
Fell free to contact me, send me the papers (copies), and I can tell you the best way to pursue this.
Remember, every day he lives there, you are loosing equity.
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