Legal Question in Family Law in New York

My husband recently commenced a divorce action against me, and our marital residence is currently held as joint tenants with rights of survivorship. However, I think that understandably, with the end of our marriage I no longer wish for my interest in the property to go automatically to him in the event that, god forbid, I die prior to entry of final judgment - I would rather it go to my daughter who is my sole beneficiary in my will, but I know that joint tenancy supersedes a will. I also know that a person under Real Property Law 240-c a person in New York can unilaterally sever a joint tenancy. However, I do not wish to do anything that would effect equitable distribution negatively towards me.
So my questions are: will severing the joint tenancy with my husband, changing our status from joint tenants with rights of survivorship to tenants in common, negatively affect me when it comes to the equitable distribution of the property? Can it be considered as bad faith by a Court to sever the tenancy? Or will my severance of the joint tenancy have absolutely no affect - as it seems it should - on our divorce and equitable distribution?

Asked on 11/09/11, 5:38 am

David Slater David P. Slater, Esq.

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You can own it as "tenants in common". A new deed must be filed.

Answered on 11/09/11, 8:13 am

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