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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102522
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in new York state. The mother of my two children left

Customer Question

I live in new York state. The mother of my two children left me. She is not listed on any property owned. I am wondering what I should be doing if anything in regards ***** ***** she decides not to come back and tries to fight for any properties.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me - are you married to her, or not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Not married. Been together for 12 years.
Expert:  Ely replied 1 year ago.

Thank you. I am going to assume that you have NOT lived outside NY together. If you have, reply and let me know as this may change the answer.

NY does not have common law marriage. So you are not married. Being the mother of the children does not allow her rights/interest in property owned only by you.

As such, once/if she has left, then she has no right to "come back."

She was a "tenant at sufferance," meaning that she lived at your discretion on your property. Once she abandoned the tenancy at sufferance lease, then it ended. She has no right to come back, or to claim any part of the property as her own even if you do have children together.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!