My question involves real estate located in the State of: New York
Can I evict an unwanted houseguest if a co-owner wants him/her to stay?
My brother-in-law and his 12-yr-old son have been living in my house for over 2 1/2 years without paying any rent. I put my wife on the title as co-owner and she wants him to continue to stay with us. Can I serve eviction papers in this situation?
I have three kids of my own, between 6 and 10 years old mixed girls and boy, all still living in one small bedroom. I need the extra space for my eldest daughter to have her own room.
Thanks for any advice.
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Some additional details in case anyone's interested ( it just gets worse ):
Brother-in-law is a legal immigrant whose immigration I unwisely sponsored (believe it was a form I-864). However I'm not too concerned about that because as I understand it, it means that he either has to be a ward of the state or take means-based assistance to which he's not legally entitled in order for me to have any liability.
My wife brought her parents over and they lived in our apartment rent-free for two years until we moved out to another apartment. I should have learned my lesson obviously, but she hounded me for a long time to let her brother stay with us to help him create a better life for his son in the US. I agreed on terms that he would stay only a year.
Wife and I are nearing divorce but the house is 150k underwater so it's not an easy solution to just sell the house.
After two years the brother-in-law agreed reluctantly to pay a tiny nominal rent, but he hasn't made any of those payments.