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  1. #1
    Thomsanite is offline Junior Member
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    Apr 2005
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    Husband trying to evict me from marital property

    What is the name of your state? NY

    I'm currently going thru a divorce and my husband owns 2 homes with another family member (cousin). The first home was bought before we were married. The ownership of this home is 30% my husband, 70% his cousin. The secound home was bought during our marriage (ownership 50-50 husband and cousin).

    My husband is living in one of the homes, which used to be the marital residence. I recently moved into the 2nd home with our 3 year old child, which is noramlly rented out during the summer months.

    My husband and his cousin are now attempting to evict me from the 2nd home. Are they able to do this?
  2. #2
    bulldogg70 is offline Member
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    Quote Originally Posted by Thomsanite
    What is the name of your state? NY

    I'm currently going thru a divorce and my husband owns 2 homes with another family member (cousin). The first home was bought before we were married. The ownership of this home is 30% my husband, 70% his cousin. The secound home was bought during our marriage (ownership 50-50 husband and cousin).

    My husband is living in one of the homes, which used to be the marital residence. I recently moved into the 2nd home with our 3 year old child, which is noramlly rented out during the summer months.

    My husband and his cousin are now attempting to evict me from the 2nd home. Are they able to do this?
    If I was you, I would get some temp orders in place pretty damm fast.
  3. #3
    nextwife is offline Senior Member
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    You moved INTO the property that is used as a summer rental? Are there already rental agreements in place with third party renters for portions of the summer? What rental amount is the counsin entitled to get each summer from the place? Did you have cousin's permission to move in?
  4. #4
    Thomsanite is offline Junior Member
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    Apr 2005
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    They do have summer rentals that are planning to move into the home memorial day weekend until labor day weekend.

    However, their was no offical "rental agreement", since they are friends of ours that were planning to rent it out. The amount of money they make on the rental pays for the mortgage for the entire year. That is why they desperately want me out of the house.

    However, my child and I have no where esle to live. I work a part-time job and am unable to pay for a rental and my husband is not helping me at all. And he refuses to move out of our other home.

    I initially received permission to move into the house from the cousin. However, once my husband found out about it he flipped out and convinced his cousin that it was not a good idea. So his cousin now wants me out, after he intially said yes.

    its all so crazy.

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