Legal Question in Family Law in New York

Re: gift with condition that it shall be separet property between the spouses, r

YES. The laws of Sweden control title of Real Property in Sweden; and "conditional gifts" are recognized in most USA States.

In addition, even without the stated condition, a parent's gift to a child is presumed to be separate property and does not become marital property unless the "owner" spouse intends to "gift" the property or a portion of it TO the other spouse.

In this case, the "owner" spouse was specifically prevented from "gifting" the property over to the non titled or non owner spouse by the gift condition, which may provide for the property to automatically revert back to the parents or another named or unamed party.

Notwithstanding the above, even if NY were to decide in favor of the non titled spouse, it is extremely unlikely that Sweden would recognize the nontitled spouse's could claim or interest in the Swedish Real Property.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ.

Re: gift with condition that it shall be separet property between the spouses, r

I won't definitively say it will be but I am willing to say it can be accepted provided the real estate is kept as separate property (not intermingled with marital resources) and not used as a marital home.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: gift with condition that it shall be separet property between the spouses, r

A conditional gift of real estate must be in writing and must also set forth what happens to the real estate if the condition is broken. That is, if the real estate is at risk then the gift reverts back to the donors, your parents. If such a document exists, then it should be recognized by New York courts.

The New York courts may also look to the law of Sweden to determine if such a conditional gift is valid. Therefore, this same question should be posed to an attorney there.