Legal Question in Family Law in New York

legal rights between adult children and live in girlfriend

What rights does my father's live in girlfriend for 3 years have to his property and real estate in the event of his death.


Asked on 11/15/04, 9:19 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: legal rights between adult children and live in girlfriend

Your father's girlfriend cannot acquire any interest or rights to your father's property or real estate, other than the rights or interest, your father specifically gives to her, by Deed, Mortgage, Bequest or Gift; and it must be by a written document, duly acknowledged, notarized and in a form that is appropriate for recording.

A "girlfriend" or "boyfriend" does not aquire property rights, merely by virtue of "living with" a person. However, if a "girlfriend" person can prove that they contributed to the aquisition of the asset or property, they may have a cause of action to recover or recoup their investment. The standard of proof is very high; and the live in girlfriend's status is in NO WAY equivalent to that of a wife, or child, viz estate property.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 11/17/04, 7:40 pm


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