Palm Harbor, FL asked in Family Law and Domestic Violence for New York

Q: My daughter is on the deed but not the mortgage on a home she lives in with her fiance. Can he kick her out?

Things are contentious. He has a history of gaslighting, verbal and mental abuse, and making threats to kick her out of the house even though she's on the deed. She was working as his office manager, and he fired her and canceled her health insurance. She has no income (starts a new job on 1/15/24). She has a realtors license and has listed 2 of his flips, and he's threatening to hire a lawyer so that she doesn't get the commission. He tells her that it's his house and if she removes anything from it, he'll charge her with stealing. Tonight, he came into the bedroom where she was sleeping, skinned a flashlight in her face, called her a fat f-ck, and instigated an argument (this is common, I think he's trying to get her to leave, but she has nowhere to go). My question is what are her rights? What should she do? How should she handle the situation? It's getting bad, and I'm concerned for her safety. She's 30, and I'm in FL, and she's on Long Island.

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

A: Who is on the mortgage is irrelevant. The deed shows ownership. She has as much a right to live there as he does. If he is harassing her and making her feel unsafe, she can file for an order of protection from the family court. Have her contact a lawyer to discuss her rights.

Ms. Norka M. Schell agrees with this answer

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