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How to evict a child from your home in new york


How to Evict an Adult Child in New York

Reviewed by: Annie Sisk, J.D.

August 15, 2022

By: Michelle Nati

••• fizkes/iStock/GettyImages

Sometimes, when an adult child lives with their parents, it doesn't work out for a variety of reasons. Despite family ties, the owner of the property cannot kick their family member out immediately – they must evict the adult child through the courts.

Under New York state law, a family member can be evicted like any other tenant if they pay rent to their parent. If they don’t pay rent, however, they must be given six months' notice and an ejection action, which is more complex than a standard eviction.

Eviction Notices for Terminating Tenancy With Cause

A landlord who wishes to terminate an adult child’s tenancy before their rental term expires will need cause to do so. They can be evicted for a variety of reasons, including nonpayment of rent or being in violation of the lease agreement.

To evict an adult child that pays rent, the family member must first give them written notice. The types of notice they’ll receive is determined by the reason for their eviction:

  • ​Fourteen-Day Notice to Pay Rent or Quit:​ If the adult child does not pay the rent they owe the landlord by its due date, they may get a notice informing them that they have 14 days to make the rent payment in full or to vacate the property. If they don’t do either, the landlord can then file an eviction lawsuit.
  • ​Notice to Cure/Notice of Termination:​ If the adult child is in violation of the lease, the landlord must give them two notices. First, they'll receive a notice to cure, informing them that they have 10 days to fix the violation. If they do, they cannot be evicted; if they don’t, they will receive a notice of termination, informing them that their tenancy is terminated and they have 30 days to move out. If they don’t move out in that time period, the landlord can start eviction proceedings.

Terminating a Tenancy Without Cause

New York landlords cannot end the tenancy of an adult child who pays rent without cause – they must wait until the rental period ends to give them proper notice to end the tenancy. If the adult child has been renting under a month-to-month agreement for at least a year, they will receive 30 days' notice.

Those who have a lease between one to two years will get 60 days' notice, and those with more than two years of a month-to-month lease will get 90 days' notice.

Terminating a Tenancy with a Written Lease

If an adult child has a fixed lease for six months or a year, the landlord must allow the tenant to live out the term of their lease in their unit before expecting or asking them to move.

When the lease ends, the landlord does not need to give the adult child notice unless the rental agreement terms state otherwise. The landlord can simply expect them to move at that time, unless the renter has indicated they would like to renew the contract.

New York State’s Eviction Process

When beginning proceedings against an adult child renter, the landlord must file a petition with the housing court in the county of the location of the property. The court will assign a court date and time and give the tenant notice.

If they wish to challenge the eviction, they must show up at the court hearing. A judge will listen to both parties and make a decision for either the landlord or the adult child. If the adult child loses, they may be responsible for the landlord’s attorney and court fees for the eviction case.

Other Impacts of Eviction

The eviction may also hurt the adult child in other ways. For example, they can end up with a bad credit rating and have difficulty finding housing. They may find that it would be better to negotiate with the family member/landlord before they end up in court. Communities all over New York state have mediation services for landlord-tenant disputes that are often free or low-cost.

Evicting an Adult Child Who Doesn’t Pay Rent

When evicting an adult child who doesn’t pay rent, landlords cannot d0 s0 in the same way they can evict a normal, paying tenant. Family members living at a property for free with the owner's consent must be evicted through an “ejectment action” in the Supreme Court of the county where the property is located.

This is a complex and lengthy procedure, and the landlord should hire an attorney when bringing this action.

The landlord must give the adult child a full six months' written notice to quit, after which they serve that person with a summons and a complaint. The adult child then has from 20 to 30 days to file an answer, and from there, the court sets a trial date.

Removing the Adult Child From the Property

A landlord cannot force an adult child out of a unit by doing such acts as changing the locks or shutting off utilities. An eviction can happen only after the landlord successfully wins the lawsuit in court, and the only party who can physically evict them is a sheriff.

After the adult child moves out, they may leave some of their personal items behind. New York eviction laws do not specify what a landlord should do with a tenant’s property, but municipalities may have their own rules.

The landlord should contact the adult child regarding their property and give them a reasonable amount of time to pick it up. If they do not claim it within that time, the landlord can sell or otherwise dispose of it.

References

  • Iproperty Management: New York Eviction Process
  • Find Law: New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA Section 711 Grounds Where Landlord-tenant Relationship Exists
  • NY Senate: Section 226-C Notice of Rent Increase or Nonrenewal of Residential Tenancy
  • Law Offices of Weiss and Weiss: Eviction of Family Members in New York
  • NOLO: Handling a Tenant's Abandoned Property in New York

Tips

  • Mail any necessary notice or eviction papers to your child by certified mail; this provides you with proof if the court requires it. Keep the receipt verifying delivery.
  • Make sure the server fills out the notarized affidavit of service on the back of Form X211.

Warnings

  • If you don't follow New York housing law when evicting your child, he can sue you, and the court can impose triple damages, as well as force you to let him move back to your home.

Writer Bio

Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. She holds a B.A. in Communications and English from Niagara University.

Eviction of Family Members in New York — New York Real Estate Lawyers Blog — September 14, 2017

Our firm receives many inquiries regarding property disputes among family members.  Often, several relatives may inherit property from a deceased relative, and cannot agree on how the property is to be maintained, whether the property should be sold, and who should live at the property.

Prior blog posts have discussed the possibility of a partition action when the owners cannot agree on the disposition of the property.  An additional question often raised, in several different contexts, is whether a family member, living at the premises, can be legally evicted.  The answer to this question involves delving into the situation in further detail, and is far from simple.

The first question to be asked is whether the person sought to be evicted is an owner of the property, whether through inheritance or other type of transfer.  If that family member is a legal owner of the property, the general answer is that person cannot be legally evicted.  In general, any owner of a property, even a partial owner, has a right to reside at the premises.  Let’s assume two brothers inherit a house from their parents.  Both brothers now own 50% of the house, and both have a legal right to reside at the house without paying rent to the other.  However, they are both legally obligated to equally share the costs of the upkeep of the house, such as routine maintenance and real estate taxes.  Neither would have the legal right to bring an eviction action against the other.  The situation could be resolved by one of the brothers buying the other’s interest, or selling the property to a third party, and splitting the net proceeds.

The next situation would be when the family member is not an actual owner of the house.   In this situation, that person may or may not have a right to reside at the premises.  An example would be when an owner’s sibling lives at the premises.  Let’s say an elderly woman (the owner) lives in a house with her sister.  The sister is not an owner, but has lived at the house for many years.  The owner then passes away and leaves the house to her son, who wants to sell the house to a third party.  What becomes of the elderly aunt?

Most standard real estate contracts in New York require the premises sold to be free of tenants and other occupants at the time of sale.  In this hypothetical situation, a Court would most likely not allow the eviction of the aunt in a summary proceeding.  A summary proceeding is an expedited hearing held in the local landlord-tenant Court.  It is usually held on short notice to the tenant, as hearings are usually scheduled for 6 – 12 days after the Notice of Petition and Petition is served on the tenant.

New York Courts have held that where family members (non-owners) live at a property with the consent of the owner, they cannot be evicted in a summary proceeding.   Instead, an ejectment action must be brought in the Supreme Court of the county in which the premises are located.  An action in ejectment is brought in the same manner as a regular lawsuit, where the party is served with a Summons and Complaint, and then has between 20 and 30 days to file an Answer, depending on the method of service.  After answering, the defendant would have the opportunity to defend the action, obtain full discovery, and have a trial, if the action is not decided by Motion.  A Supreme Court action, unlike a summary proceeding, may take many months to be resolved.

One exception to the necessity of an ejectment action is if the family member has an actual lease for the premises in question.  If they have a written lease, they can be treated as an ordinary tenant, and can be evicted through a summary proceeding, depending on the actual facts of the case.

We recommend that all family members who encounter situations similar to those in this blog post consult knowledgeable and experienced counsel to assist them in the proper legal procedures.

New York Tenant Rights: In Defense of Landlords | Russian Bazaar

America

№40 (911)

Evgeny Novitsky

In the late 1980s, the world-renowned research agency Gallup asked New Yorkers what their biggest dream job was. One of the most attractive ways to earn money was to rent out residential and commercial real estate. At that time, almost a quarter of the population of the Big Apple dreamed of working as landlords, who once a month receive money from tenants. nine0003

Much has changed in a quarter of a century. Today, landlords are one of the most disenfranchised categories of the population. On the one hand, the cost of renting an ordinary apartment in New York has reached $3,000 per month. On the other hand, the number of non-paying tenants is gradually approaching a historical maximum. According to the data for the fall of this year, the consideration of the average eviction case for non-payment of rent is delayed by . .. four months. Housing Courts in the Big Apple are loaded with cases like this. nine0003

According to unofficial statistics, the average New York landlord loses about $8,000 during each eviction. This amount includes rent, utilities, repairs after the evacuation of the defaulter, as well as legal services. According to statistics, 89% of landlords are in the Housing Court with a lawyer. Almost 91% of defaulters use the services of a free lawyer or defend themselves.

It should be noted right away that the New York courts are far from being objective. In most cases, they do not take the side of the victims, but the side of the "poor and oppressed." Therefore, in recent years, many scammers have divorced who conclude a lease for a period of 1-2 years, and then deliberately refuse to pay. Thus, they live up to six months (if there are small children, then more) in a comfortable apartment. nine0003

Here are just a few examples typical of modern New York City: An immigrant family (two adults, three children) rented a 3BDR from a Brooklyn private home for $1,400 a month. The owner of the house charged the first month's fee plus a $2,800 deposit, after which his life turned into a nightmare. Tenants live in the apartment for free for more than a year, and the marshals and the police justify themselves: it is against the law to evict small children on the street.

Due to non-payers, the landlord delayed the monthly payments on the mortgage and faced the foreclosure procedure (seizure of real estate for non-payment). In fact, the tenants ruined the life of an entire family who worked hard and did everything they could to sort out the loans. nine0003

In another case, the building management was unable to evict a married couple from 1BDR who lived in the apartment for four months, and after a court decision on eviction and compensation to the landlord filed for bankruptcy. Situations like this happen regularly. Being at a financial bottom, people try to bankrupt even more debt than they have. It happens that most of the debts “hang” on the husband’s Social Security number, and the new apartment is registered on the wife’s SSN with an ideal credit history (so that the landlord does not suspect something was wrong). nine0003

Tenants have begun to "throw" landlords with money so often that today it is dangerous to rent out even a place in a room, let alone the whole house. “I've been renting an apartment for almost 30 years,” says Stella D., a Queens resident. “Never before have New York laws been so merciless to landlords. Even homeless shelter employees have more reasons to move out than apartment owners.”

If Stella used to exchange a few standard questions with potential tenants, now she conducts a thorough “interrogation” with her. She checks a person's social security number for debt marks (public records), talks to his employer, and even secretly browses the pages of potential tenants on social networks. nine0003

“You can learn a lot about a person from a Facebook account,” says Stella. - Comments, photos, favorite hobbies - all this is of great importance to me. Today, unfortunately, every landlord must be a private detective, so as not to go broke in litigation.

Managements operate in a similar way, the caution of which is often interpreted by the tenants themselves and the courts as discrimination. For example, Sudanese illegal immigrant Ahtel N. said on an Internet forum that most New York management refused to deal with him. “Some said that I should conclude a lease for 12 months and immediately pay for 9months, - complains Akhtel. “Others immediately reported a shortage of available apartments.”

Another family who wanted to rent a 2BDR in Brooklyn and had almost completed a two-year contract was turned down the moment their four small children walked into the management office. “Landlord looked at the computer monitor, and then spread his arms,” recalls the “victim” of discrimination. His face instantly changed. He said that our apartment is still being renovated, and it will be ready for delivery in at least three months.” nine0003

Even people with an ideal background have a very hard time searching for an apartment today. So, businessman John K., who moved to New York from California, went through a landlord check for two months. “I've never been so thoroughly checked in my life,” John marvels. “I had to submit six tax returns, printouts of all debit and credit accounts without exception, and also pay $500 to a lawyer to check the criminal record. Moreover, the landlord wanted my credit score to exceed 770 points. It's unthinkable!" nine0003

By the way, John didn't rent a penthouse at all, but a $3,000 studio in Dumbo, Brooklyn's elite district. Today, the trend is as follows: the more prestigious the area where the apartment is located, the more vigilant the landlord is. Without thorough checks, you can only rent a house in the most criminal corners of the Big Apple, where life does not seem sweet even to non-payers. Every year in the metropolis there are at least a hundred cases when landlords maim and even kill non-paying tenants (especially in private houses and townhouses). nine0003

Due to the imperfection of the law, in New York there is no reasonable way to deal with a non-paying tenant and not suffer financial losses. Even insurance against an unreliable tenant operates on the principle of insurance for a laid-off employee: it rises by exactly the same amount as the tenant (former employee) receives benefits.

And the last question: will justice ever be done for the New York landlords? You don't have to look far for an answer: just not in the next four or even eight years. Let us recall that in the upcoming mayoral elections (November 5), Democrat Bill De Blasio, who is much “to the left” of the mayor Bloomberg in housing matters, is leading by a wide margin. When this "progressive" person comes to power, the landlords may be left without rights at all, and the supporters of the Occupy Wall Street movement will fulfill their main dream - to get the right to live in empty houses and apartments for free. nine0003

Family Law - Sharifov & Associates - Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary. nine0003

divorce by consent in New York

Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more. nine0003

order of protection in new york

2. How can I get an order of protection in case family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years. nine0003

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS"). nine0003

The Domestic Violence Petition, in the absence of agreement by both parties, will be decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Sometimes, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for both of the relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency. nine0003

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially divorced?

Parties in a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree. nine0003

5. What is custody and how is the issue of child custody after a divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court. nine0003

Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other. nine0003

6. Will I have less time to visit my child if the other parent has exclusive legal custody?

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody. nine0003

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent. nine0003

child support in New York

9. Will I be able to pay less child support than is legally allowed?

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time? nine0050

Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute. nine0003

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree? nine0050

No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.

13. If my spouse has sole legal custody, or if we share joint legal custody, or if the children just live primarily with one parent, can the children's residence be changed unilaterally? OK with this parent? nine0050

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases. nine0003

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary child support, as well as a recommended formula for calculating permanent child support after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support. nine0003

Here are a few factors that are considered the most significant:

  • the length of the marriage; the age and state of health of each spouse;
  • present and future earning potential for each spouse;
  • your opportunity to become financially independent;
  • reduced or lost earnings opportunity due to denial or delay in education, training, employment, or career development during marriage; nine0129
  • having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it. nine0003

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that environment, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the home was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the home, even if the home is not registered on you. There are many factors to calculate the size, value and percentage of this share. nine0003

18. I bought our house before our marriage with funds I purchased before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?

Usually not. However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home. nine0003

19. Will the court force me to sell my house?

If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.

20. Credit cards: Should they be cancelled?

If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card. If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined. nine0003

21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?

The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.

22. If I own a business or share in a business, will my spouse get a share of the business? nine0050

If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will likely be able to claim a portion of that business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc. nine0003

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of the acquisition of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7). nine0003

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court. nine0003

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a delinquent juvenile between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open. nine0003

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed. nine0003

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile delinquent, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court. nine0003

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years. nine0003