Legal Question in Family Law in New York

Marriage Inherited Home

Hi, I'm going to be getting married in a couple of weeks. My future husband and brother in law inherited the house we live in from their mom. His brother lives elsewhere. God forbid my spouse passes- would I share half ownership of the house with my brother in law- or would he assume ownership? They are planning on transferring the house to my spouse, but their both being lazy about it. Thank you.


Asked on 4/24/09, 9:55 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Marriage Inherited Home

It depends on how the deed is worded. If the deed has langauge such as "joint tenants with rights of survivorship" or "joint tenants", then the answer would be no. The house would solely pass to the other brother.

If the deed is worded (name of husband) and (name of brother), then upon death, ownership interest of the house would be passed to the decedent's beneficiaries.

Mike.

Read more
Answered on 4/24/09, 12:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York