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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36960
Experience:  30 years in civil, probate, real estate, elder law
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I live in Rochester NY. I live with my girlfriend in my house

Customer Question

I live in Rochester NY. I live with my girlfriend in my house for 11 years. We have been together for 15 years. I want to sell the house this year. She doesn't want to move. House is all mine. She is threatening legal action as common Law wife. I don't believe she has any legal grounds.
Can she do anything to prevent sale? Can I seek legal action to make her leave if she tries to prevent sale and not leave?
Submitted: 7 months ago.
Category: Legal
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today.New York State does not recognize common law marriage here, you have right to evict her a month to month tenant.You would need to give her 30 days written notice and then file eviction suit and have her evicted.You would want to do this prior to a sale of the property.You can evict her after you give her 30 days written notice.She has no claims h ere as NY does not recognize common law marriage. I appreciate the chance to help you today.I wish you the best here.Thanks again.
Expert:  Ray replied 7 months ago.
Referencehttps://schlissellaw.wordpress.com/2009/08/24/getting-a-common-law-marriage-recognized-in-new-york/ If you lived in NY the whole time she has no claims under common law marriage, it was abolished in NY.
Expert:  Ray replied 7 months ago.
Thanks again if you can positive rate it is much appreciated.

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