Ex Husband name on Mortgage, but not deed- can he be thrown out?

[BirdOPrey5]

This is in NYC.

Wife and husband divorced sometime ago but had amicable relationship. They were still living in the same house. House is deeded solely to the wife.

She thought the mortgage was solely in the husband's name and has been paying him her half of the mortgage.

Finds out now the mortgage is in BOTH names AND he hasn't been paying the bank for months- just pocketing her money.

She's not so worried about the money but wants him out of the house. He refuses to leave.

Since the deed is in her name can she call the cops to have him removed as a trespasser or something?

 

[army judge]

You can ask him to leave.

If he refuses, (which he likely will) you have to bring an eviction action against him before the proper court in your county or city.

 

[BirdOPrey5]

He was already asked to leave, he refused.

 

[army judge]

He was already asked to leave, he refused.

Then the only legal way to get him out is to evict him.

Google "evictions New York City".