Legal Question in Family Law in New York

Re: Property settlement among domestic partners

If her name is on the deed she will argue that her contribution was to the relationship and although not financial in nature she gave consideration in other ways. Like in any contract dispute the Court will weigh the equities involved, but considering that her name is no the deed there is a presumption that she had an equitable interest in the properties and if you wish to prove otherwise you will have to rebut that presumption by showing some type of contractual arrangement that was breeched by your ex-partner.

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Re: Property settlement among domestic partners

Basic real property law and, if applicable, contract law will apply. Although not married, the terms of your relationship may bear on how the property is divided. If you simply gifted her the interests, then she will take accordingly. You might argue that she breached an agreement to contribute to the costs of maintenance, mortgage, taxes, etc. Even absent an agreement, you should seek an accounting in the partion action. Presumably, she will argue that it was a gift or that it was in consideration for other contributions she may have made in the course of the relationship. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.