Legal Question in Real Estate Law in New York

Removing deadbeat husband from deed

My husband has not resided in our home since April 2003. He has not contributed any financial support toward said property. As well as not paying any child support for the minor child. He was responsible for the home equity line of credit,I continued to pay the first mortgage. He hasn't made a payment since Sept 2004 on the equity loan causing a foreclosure action. I went though the process of trying to refinance both mortgages at a considerable increase, which I will be responsible to pay. He is still on the deed and refuses to allow the home to be refinanced. I need to know what recourse I have against him? How do I remove him from deed?


Asked on 3/28/06, 4:15 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Removing deadbeat husband from deed

You need to file for Divorce and request an Order to Show Cause for Pendente Lite Relief for child and spousal support and your husband's share of payments due on account of the outstanding mortgage and debt on the marital premises.

Then have your attorney negotiate with your lender for the time you need, for you to settle this matter, either by Contract, Stipulation or Court Order.

Good luck,

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Answered on 3/29/06, 12:38 pm


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