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Please Help- Not sure where to start

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Please Help- Not sure where to start

Postby dmondgirl928 » Wed Nov 22, 2017 4:41 pm

Hello,

Not sure if im in teh right forum but i need help, guidance. I lived for 9 years with my fiance in his and dads house ( 2 family home). We lived 1st floor, his dad on second floor.
Unfortunately my fiance passed away in October after battling cancer for almost 3 years. We didnt get marry , his dead came to a surprise to us, he dint leave a will.. left devastated for this huge loss.

Now his dad is getting so many evil advices from a alcoholic son that they are trying to kick me out of the house... to the point they change the lock of a door that goes to the basement in where i have my washer and drier.

The house is fully paid thanks to my fiance and i used to help him with the house bills for our floor..... ever since my fiance passed away i had not received one single utility bill for the 1st floor (they all come under my faince's name) ...we have separate utility bills ...they came for the 1st floor with fiance name , second floor the dad.

I am lost no words...im a zombie dealing with the loss of the love of my life and then this evil behavior... please help what to do....where to start...
dmondgirl928
 
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Re: Please Help- Not sure where to start

Postby TenantNet » Wed Nov 22, 2017 6:57 pm

I have heard that NY does not have any common law marriage statutes any more. You should investigate that on the web. But I don't think that 's going to help.

And as the unit in question is not rent stab, you do not have succession rights.

You said "his and dads house." Does that mean your fiance had some degree of ownership interest in the house? If so, even without a will, you should consult with an attorney to see if any of your fiance's estate might be something that you would have a right to.

As for evicting you, they must do it in court. If they just change the locks (especially in NYC), that is considered an illegal eviction and might be a criminal offense. NYC police are supposed to protect tenants in such situations, but they often do not do it, falsely claiming it's a civil matter. Look at the illegal eviction threat in the reference section of the forum. In our view, even locking you out of a basement laundry area should be considered a partial illegal eviction.

This sounds messy enough, in that you apparently helped with the mortgage and bills, that you should not just walk away.

You really should consult with an attorney, and not just the lawyer on the corner. You need someone who knows landlord tenant and estate law, and who knows how to be aggressive.
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Re: Please Help- Not sure where to start

Postby dmondgirl928 » Wed Nov 22, 2017 7:52 pm

Thank you for your response... yes unfortunately NY does not have any common law ....
the house is under my fiancé and the dad... my fiancé paid the mortgage and he was the one paying the taxes...
I will definitely make a report about the partial illegal eviction... yes I used to give my fiancé money every month to pay the light bill, the water and gas ...

I'm sorry to ask but do you or someone can help me by recommending an aggressive attorney?

Thank you
dmondgirl928
 
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Re: Please Help- Not sure where to start

Postby TenantNet » Wed Nov 22, 2017 8:07 pm

The point I was making is that your contributions to the upkeep of the house could establish a claim on the estate or the property.

On this page and on the site's home page are ads from NYC tenant attorneys. Some are very aggressive. But I think you also need someone who knows estate law. Best to find someone who knows both.
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