Legal Question in Family Law in New York

My spouse recently commenced a divorce action against me. Currently, we hold our property in joint tenancy with rights of survivorship. However, in light of the divorce I want to sever the joint tenancy so that in case anything happens to me, my Will, which leaves everything to my daughter, becomes controlling since I know that joint tenancy supersedes a will. However, I am not sure if severing the joint tenancy will have an effect on equitable distribution.

My question is: if I sever the joint tenancy with my spouse to make it tenants in common, will that alter or effect in ANY way the court's decision regarding the equitable distribution of the property?


Asked on 3/14/11, 10:54 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

These issues will be handled during the divorce. The court will not allow you to take action, since you can't without your spouses cooperation, at this point. You should consult with your divorce attorney to discuss your options.

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Answered on 3/16/11, 8:15 pm


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