my son is through a divorce and i want to evict his wife, i own the property, my attorney says that evicting a family member is very dificult, can someone help me out?
Dear Brooklyn Property Owner:
If your daughter-in-law is a tenant, and the lease expired or there is no lease, and she alone and not your son along with her is the tenant, then you could try to use a traditional landlord and tenant lawsuit. I will guess your lawyer suggested you not get involved in the divorce case since the divorce court may make special rulings about who is entitled to the apartment during the divorce lawsuit.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
I assume your attorney advised you of the possible issue regarding evicting "family members" requiring an ejectment action in Supreme Court.
But I would like to add something to Mr. Smollens' wise advice as to not to get involved in your son's divorce. I do matrimonial work and if I was representing your daughter-in-law, I would use your attempts to evict her as a factor to consider in awarding her primary and/or sole custody of minor children, higher maintenance and child support and perhaps a greater share of any marital property.
Consult with your son's matrimonial attorney.
Oh Boy, where do we start. First as the other attorneys said, speak to your son's divorce attorney before you do anything. If you proceed, you may cause your son to lose custody, be on the hook for more child support, and maybe even change the percentages in ED.
Additionally, do you have a lease with them? Who's name is the property in? Who was paying the mortgage payments? All of these issues are factors in how to proceed.
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