Auburn, NY Divorce Law Firms & Lawyers

You file a case and have him served - just like anyone else, except that service of process will be more complicated. You'll probably want the assistance of an attorney, particularly given the international service of process issues.

Assuming you both own the house equally, you cannot evict him without a court order. You can go to Family Court and try to get a restraining order preventing him from being in your house if you have proof that he stole from you and are afraid he will continue to steal. You can also go to Supreme Court and start a partition action against him which essentially asks the court to divide the house in half. Although that rarely happens, in this case it actually could (although your mother-in-law's presence complicates things). The other possible result of a partition action is a sale of the house and the division of the proceeds. It would be best for you to buy him out, if you can. But a partition action really makes no sense if you're starting a divorce action, because the house is marital property subject to dispositon in the divorce action. You may eventually get the whole house in a divorce action, depending on all the other factors involved, but divorce and division of marital property don't happen quickly unless both parties agree to the terms of the divorce quickly.   

Spousal support may be taxable to the person who receives it - or not, depending upon how your agreement is drafted. You should consult a local attorney and discuss how the options would work in your case.