Legal Question in Family Law in New York

Re: Marriage

you might consider a post nuptial agreement. you do have rights in the house and to other marital assets. you can call me for a free consultation at 516 466 5297

Re: Marriage

The problem with a will is that after he signs and executes it, he can change it and write a new one without you knowing about it. By the time you find out that he changed the will, unfortunately it is too late.

While you do have rights in the house, the deed to the house will tell you if it is held as tenants in common, rights of survivorship or otherwise. If there is a right of survivorship to the house, then, if your husband dies before the relative whose name is on the deed, the house then fully belongs to the relative.

You should delicately discuss this matter with your husband and ask him to join you in a session with a lawyer to protect you in case something happens to him. An agreement that cannot be changed unilaterally is recommended.

Feel free to call me to discuss this further.

516-256-7737

212 239-2460

Good Luck

Rachel

Re: Marriage

In NY, A spouse, is normally "presumed" to have a 1/2 undivided interest and share, in whatever the other spouse owns and holds title to, that he/she acquired during the marriage. But, it's much better to have that "presumption" made a fact, by having a "writing" reflect the specific non titled spouse's interest in the property.

Your husband's share and interest in the property, may be "divisable," meaning he may not have the right to devise his relative's share of the house, nor have his own heirs at law, YOU, take under a will or by operation of law, even if her wanted it that way.

In addition, the relative (and co owner) who purchased the house, with 100% of his money, SHOULD BE, the ONLY person to decide who gets what of his bounty. And, Your husband apparently believes the "gift" to him of 1/2 of the house also imposed upon him a "trust" that mandates that his other blood relatives receive the other 1/2 interst in the house.

If "something" happens to your husband, (he dies)you would have the same or equivalent, rights, title and interest in the house, that he currently has in the house. To wit: He has title to 1/2 of the premises, you would be able to claim entitlement to his 1/2 share of the House and/or your "spousal" share and portion, of any and all of other assets, he may have in his name (including his bank accounts). Thus, you would not be homeless.

If you feel "shortchanged," or not adequately rewarded, compensated, or repaid for your contributions to the household (both monetary and labor), you need to discuss the issues in detail, with the parties' concerned, namely your husband and the inlaw. You and the two of them must learn to respect you and you MUST together devise a way for your needs to be addressed, that is fair and reasonable.

Please note, it is not reasonable for you to believe that there is something that will "make" your spouse open a Joint Account with you, after 15 years. Nor is it reasonable to expect that property that his family paid for, should belong to you, because of your marriage.

It might be reasonable to expect compensation for any "caretaker" responsiblity you have assumed re the relative, repair and maintenance of the premises that you paid performed or paid for, that has added value to the premises, your lost wages; and other like things. Think about it carefully, with paper and pen, Before you speak.

And, be honest and forthwright.

Good luck,

Phroska L. McAlister,ESQ

Re: Marriage

It is best that you first find out the facts. You can obtain a copy of the deed to the house so that you know exactly how it is owned and this can be done without your husband ever knowing. You may be able to establish that you are entitled to some part of this property through something called a "constructive trust", but this would take a court proceeding.

The better approach is to use persuasion - discussing the inadequacies and unfairness of the situation and the effect of the law.

We have assisted clients along the lines in the past. If you wish to arrange for a consultation, please feel free to call us at 212-267-7000. I must advise you, however, that our billing rate is $350 per hour.