Legal Question in Family Law in New York

Ownership of property after unmarried partner dies

In a domestic partnership in which the couple live together but are not legally married, what are the entitlement rights to property in the event of one of their deaths? Is the other entitled to the remaining properties, monies, etc., or does said property revert to closest actual family member, i.e. brother, mother, etc. of deceased?

If, as in the specific case in question here, there would be no dispute among the deceased person's family members, who would all approve of any properties going to the deceased person's former partner, is there anything the couple can do while both still alive to make things easier afterwards?

Such as writing up an agreement?

Thank you.


Asked on 12/29/01, 7:46 pm

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Ownership of property after unmarried partner dies

You both can make wills in which you leave property to the other partner.

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Answered on 12/31/01, 9:26 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Ownership of property after unmarried partner dies

Outside of a will, or a domestic partnership agreement, there are no inheritance rights from a domestic partner.

Of course, if real property is owned jointly, then the title to the property will pass by deed, regardless of whether a will exists.

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Answered on 12/30/01, 12:10 am


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