Legal Question in Family Law in New York

Re: Pre-marriage real estate ownership

The home is an exception to the general rule that what is yours going in is yours going out. The spouse has special rights to the 'marital residence'. This law might be overturned in the next decade, but that might not help you.

There are other ways in which the house can be "transmogrified" or changed into a 'marital asset' (an asset in which the spouse has rights).

Lawyers typically categorize this as a 'drafting problem'. The typical document used to adress this issue is the 'pre-nuptual agreement'. A pre-nup can be drafted and signed before or after the marriage. Of course, once the possibility of divorce becomes real it is too late.

There are other ways to draft around this problem as well.

My best advice is to talk with a close friend and discuss the issues and whether you feel this is the best option for you. A pre-nup is not an expression of affection or trust. Its what lawyers do.

But do not underestimate the drafting alternatives. A creative attorney can get you all of the positives without humiliating someone that you genuinely care about.

If you have an interest, I would be happy to set up an appointment by email.

Re: Pre-marriage real estate ownership

If the home becomes your marital home or if it is used for investment purposes that provide income for the marital estate, yes.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Pre-marriage real estate ownership

You can solve the problem by executing a comprehensive pre-nuptual agreement ,spelling out all the terms and conditions surrounding the marriage and possible consequences of a failed marriage.I do many of these agreements. You may call my office @718-834-0087 to set up a consultation.