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?

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2 Lawyer Answers

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.

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.

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