Legal Question in Real Estate Law in New York

What happens when my daughter is not on the deed of her husband's home in New York? They were married 2 years ago. Does she have any rights to this home?

Asked on 3/31/19, 11:44 am

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

It’s very possible she has rights, yes, depending on the circumstances.

Good luck.

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Answered on 3/31/19, 3:26 pm
Kevin Connolly Kevin J. Connolly

If the house was acquired during the marriage, it may well be community property. Improvements to the house made during the marriage would give her equitable distribution rights. And if hubby croaks, the spouse is a distributee of all or part of the estate. if he tries to disinherit her, she can elect against the will and take the same interest she would get if he died intestatate. But the failure to re-title the home is a red flag, duh.

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Answered on 3/31/19, 9:02 pm

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