Legal Question in Family Law in New York

Separate Property issues associated with a Prenuptial

My boyfriend owns the apartment that we live in and I pay him rent (which equals half the morgage/maintenance). He has asked me to sign a prenuptial agreement agreeing that upon his death (and in theory death only, not divorce) the apartment will go one of his family members. We moved into the apartment together but I did not put any money down. I think that it is unfair for me to continue paying rent on his property without receiving any of the benefits associated with property ownership (currently and after marriage). I am willing to give him the equivalent of half of the money down in order to become part owner. What are our options so that he can feel comfortable about taking care of his family member and I can feel comfortable about not being taken advantage of.


Asked on 6/15/04, 12:51 pm

4 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Separate Property issues associated with a Prenuptial

Generally, this is a matter of personal choice and agreement. It would be necessary for both of you to sit down with a lawyer and explore different approaches. Part of the approach can be a time function - the longer you are together, the larger your interest in the property. However, there are numerous other approaches and only an examination of your mutual concerns in a "give and take" session could result in an agreement with which both of you can be satisfied. If you take a look at the "Business Contracts" section of our web site (VeneziaLawFirm.com), you will get a general idea of the process and you should view this agreement as "business" even though it is in the context of a personal relationship.

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Answered on 6/15/04, 1:05 pm
Daniel Clement Law Offices of Daniel Clement

Re: Separate Property issues associated with a Prenuptial

Until you are married, absent an agreement or a representation that you have some interest in the property, you have no interest in the property. A pre-nuptial agreement will only control your interest in the event you marry.

If I can be of assistance, please call me.

Daniel Clement

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Answered on 6/15/04, 1:12 pm
richard feldman richard d. feldman

Re: Separate Property issues associated with a Prenuptial

If you still have to pay rent after the marriage then I might have second thoughts. There are many ways to protect any rights you should have in that asset. you can call me at 516 466 LAWS for a free telephone consultation

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Answered on 6/15/04, 1:41 pm
Robert Evans Robert S. Evans esq.

Re: Separate Property issues associated with a Prenuptial

Since you are not yet married the only advice one can offer is to get competant counsel and negotiate a business arrangement ie. a contract spelling out all of your mutually agreed upon intentions . You may call my office @718-834-0087 for more info.

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Answered on 6/19/04, 2:17 pm


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