How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2234
Experience:  Experience in residential real estate and commercial leases.
64316804
Type Your Real Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

Evicting girlfriend in Syracuse ny .. From my home, she is

Customer Question

Evicting girlfriend in Syracuse ny .. From my home , she is not on deed nor pay mortgage
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Been in home together for 6 years , she never paid rent . She would purchase thing in house as rent . It cost me 3,200 per month to live in home . She has purchased about 45 ,000 in furniture and work done on house .
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 6 months ago.

Hello and welcome! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  J. Warren replied 6 months ago.

I am sorry you are dealing with this situation. The good news here is that New York does not recognize common law marriage and therefore the dissolution statutes are not applicable and she is unlikely to be able to claim any entitlement to equity in the property.

The bad news is you are likely going to have to treat her like a tenant and file a formal eviction. While I realize this sounds absurd it is the appropriate legal remedy for your situation. I would suggest you have a local landlord lawyer prepare and represent you in doing this eviction.

She may attempt to sue you for the amount of cost of furniture and repairs but that would be separate from the eviction. The fact she paid for things in lieu of rent makes her a tenant and gives her tenant rights however does not necessarily means she is entitle to any other amount for her contributions.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Related Real Estate Law Questions