My wife wants her ex... Who she was never married to, to leave the house she owns. He has lived there since June 2010. My deed is in my wife's name alone and she is paying the mortgage. What are his rights to stay there and her rights to have him move. I am sure there are more relevant details that are needed to answer this. Please ask. Thanks for any help in advance.

She evicts him according to State law. I don't know where she is so I can't post it.

It is NY state. Does eviction apply where there isn't a rental agreement?

Yes. I'm also in NY.

Here's some great info - if you look it up, by the way, NYC is different from NYS.

By living there he is a resident, a tenant by agreement (so to speak).

New York Evictions (http://www.rentlaw.com/eviction/newyorkeviction.htm)

Does it matter long long there were together?

No. Did he live at her house? Did he use it for mail or any other purpose? If so and she locks him out SHE can be sued. She needs to evict him.

They lived there together until three years ago. He then had his own place for a while. He then moved back in last June. This was supposed to be a temporary arrangement. Yes he does get mail there.

I moved this to the Real Estate Law forum as it had nothing to do with Divorce. The simple fact is that she owns the house. Her name is the only one on the title. Anyone else who resides in that house does so at her sufferance.

The second fact is that he has established residency. As such he needs to be evicted according to NYS law.

There is nothing else that would appear to be relevant.

They lived there together untill three years ago. He then had his own place for a while. He then moved back in last june. This was supposed to be a temporary arrangement. Yes he does get mail there.


I don't think you're understanding the site I posted or what I've said. None of this matters EXCEPT if he's currently a resident. He gets mail. He's a resident.

He needs to be evicted.