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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38850
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: 11 months ago.
Category: Legal
Expert:  Ray replied 11 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 11 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 11 months ago.
Thanks again if you can positive rate it is much appreciated.