New York, NY asked in Real Estate Law, Health Care Law and Divorce for New York

Q: Can my ex husband evict me from jointly owned home?

Oct 2015-then-husband fraudulently began divorce proceedings.Nov. 2015-unbeknownst to me retained our real estate attorney who did closing for our marital home.He coerced me to sign papers I didn't understand at home on a Saturday which was a deed transfer but had it notarized by his subordinate at work (hospital - he's an MD) 2 days later WITHOUT me present (improper notarization).We remained together until June 2016 when he abruptly abandoned our marriage, relationship and marital home. He repeatedly states, incl. In his sworn affidavits that he is the sole owner. He tried to evict me last January and again last week when he served me electronic filing by his divorce attorney (we are in post-div litigation - last court date the judge requested I file a motion describing all events.I have 20 days to reply- no spousal support/ED/no money and need representation.I have 2 doctors (and their letters)supporting his "trickery" and he "duped" me.I have emotional disability but am 'competent'

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It would be very hard. But, it is an issue for the matrimonial court and not L&T.

Barry E. Janay agrees with this answer

Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: He technically cannot "evict" you, but the family court can issue an order directing you to vacate the premises if warranted. You definitely should get an attorney located in your jurisdiction so that your rights can be protected.

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