Legal Question in Real Estate Law in New York

a friend owns property with a common law wife. He wants to sell, she does not. Is she obligated to buy him out? Does he have the right to put the property up for sale if she is not able to buy him out?


Asked on 8/09/10, 4:53 pm

1 Answer from Attorneys

Kristen Browde Browde Law, P.C.

First, you should be aware that you can not have a common law marriage created in New York state. New York does, however, recognize common law marriages that were validly contracted in states that allow formation of a common law marriage.

Second, if the title is in both names neither party has the right to unilaterally sell, and neither is obligated to buy the other out absent a court order to the contrary.

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Answered on 8/14/10, 6:13 pm


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