Can My Ex Evict Us?
If you are being removed from the marital home that you shared with your ex, you need to speak to our Albany Family Law Attorney to learn your rights. Jean Mahserjian and her team of family lawyers are here to help you handle matters that matter most to you.
Question:
Me and my ex husband divorced 5 yrs ago. We decided to not sell the marital home and that I would reside there with our minor children. My name still remains on the title and he hold me harmless from mortgage Payments. Two years ago he remarried and started charging me money toward the mortgage from out of my child support until last years when he stopped paying me entirely. I have filed a support enforcement in our state of NY. He then sent me a letter saying I had to vacate the home in 30 days. I have physical custody and have no where to go on such short notice. What are my options.
Answer:
You need to see an attorney immediately. Your attorney will need to review your separation agreement and/or judgment of divorce to determine what your rights are. If your agreement and/or judgment require that he pay child support, it is unlikely that he would be allowed to deduct any sums from the child support. Without the right to take possession of the property in your agreement or judgment, he would have no right to evict you.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Albany Family Law Attorney. This does not consent an attorney client relationship.
To speak with the lawyers at Mahserjian & Mahserjian-Ortiz, PLLC, call us at the number above. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.
