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Property jointly owned by alcoholic Spouse/Parent that may go to jail

Discussion in 'Joint Ownership' started by NeedingSomeHelpPlease, Jul 27, 2016.

  1. NeedingSomeHelpPlease

    NeedingSomeHelpPlease Law Topic Starter Guest

    Jurisdiction:
    New York
    Good morning

    First time user of the forums and i thought i'd reach out here first before contacting my local lawyers.

    I have a tricky situation regarding the properties where my family and i dwell/own.

    My father is an alcoholic and things have gotten worse lately. He lives with myself and my mother (his wife). He has had a mistress for 30+ years.

    The house in which we reside has himself and the mistress on the mortgage.
    The House in which we reside lists himself and I on the deed.
    The car in which he owns is in his name.

    He recently lost his job due to his alcoholism. His mistress filed a restraining order against him which he violated so he will trailed.

    I have to start planning for my family's safety. What will happen regarding the ownership of the house if he's jailed. What if we want to sell? If he does not get jailed for the violation of his restraining order, is there a way that we can protect ourselves financially? He's not going to be able to get a job now as his own reference (25+ years of work) will report his alcoholism.

    Please ask any questions so i can help anyone here help me.

    We're from Queens NY.

    Thank you all very much
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Nothing. He will still be an owner. People don't lose their property rights when they go to jail.

    However, if the mortgage payments don't get made, the lender will foreclose and take the house.

    If you want to sell, you will need his signature on the papers along with your own and you will have to sell for enough money to pay off the mortgage.

    If you want to sell and he doesn't want to, you can file a "partition action" (google it) to force the sale of the house. The other alternative is for you and your Mom to buy out his interest but you might need to refinance to accomplish that.

    Protect yourselves financially from what? Be specific with your concerns as there could be a hundred ways to answer that question and it wouldn't make sense to list them all.

    One suggestion I'll start with is that your Mom file for divorce. It's beyond me how any woman would accept this mistress thing for any amount of time, much less 30 years.
     

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