Legal Question in Family Law in New York

Inherited Real Estate- Divorce

My elderly parents want to leave me their waterfront home in FL. Is there a way to do that so it is protected in the event my wife files for a divorce? We are New York residents.


Asked on 3/27/07, 11:59 am

3 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Inherited Real Estate- Divorce

Whether your parents give you the Fl house (or other assets) outright or via a Will upon their death, in NY, that property or asset, would likely be deemed, to be YOUR Separate property, not subject to "equitable distribution," upon a divorce. So, your wife probably would not have any claim or interest in that property.

However, if YOU owe your spouse (or anyone) on account of any debt, support, equitable distribution, etc., the Court can charge you or order collection from you, based upon any Separate property or assets, you own.

Good luck,

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Answered on 3/27/07, 1:35 pm
Charles Wolff Charles Oliver Wolff, Esq.

Re: Inherited Real Estate- Divorce

New York is not a community property state. Any gift to you, whether outright or by devise by will, belongs to you alone. But all of your assets are subject to attachment if it turns out you have a debt to your ex.

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Answered on 3/27/07, 3:45 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Inherited Real Estate- Divorce

Your parents should execute a will, naming you as a beneficiary, in addition, you can have a post-nuptual agreement with your wife, stipulating to your sole rights to the house in the event of a separation and/or divorce.

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Answered on 3/28/07, 1:49 am


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