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

Q: Do I need to legally evict my spouse from an inherited property in NY in order to sell the property?

Related Topics:
2 Lawyer Answers
Theodore Alatsas
Theodore Alatsas
PREMIUM
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: Your questions is vague, and so my answer is equally vague. This depends on a number of factors, and so I cannot definitively answer. Are you currently married? Have you been divorced? How long has your spouse been there? etc. You should speak to a lawyer and provide more detail, before an appropriate answer can be provided.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The short answer is yes, anyone needs to be evicted by court order. There is no self help lockouts in residential cases. However, the issue will turn on why your spouse is in the property, and whether your spouse claims ownership in it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.