Can my mother’s husband kick me out of a house that belongs to both he and my mother?

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Can my mother’s husband kick me out of a house that belongs to both he and my mother?

My mother doesn’t want me to leave and I am currently a college student. Her husband went to family court and got a summons for me to appear in court in order to try to kick me out.

Asked on October 16, 2012 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your mother is also the homeowner, this is going to be a long battle. If you are a college student and you are living with your mother, seems to me that family court is the wrong court because a) you are an adult and this family court thing is usually reserved for divorces, custody and support issues for minors and b) your are perceived as a tenant or dependant. If your mom claims you on her taxes, he will lose this argument against you.


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