Legal Question in Family Law in New York
Does unilaterally severing a joint tenancy during a divorce affect equitable distribution?
Asked on 4/06/11, 11:57 am
1 Answer from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
It depends on who the joint tenancy is with. If it is a joint tenancy by the entirety then you can't sever it unilaterally so it would not have any impact. If it is a joint tenancy with another it might not be able to be unilaterally severed anyway but if you were successful, your share is still covered by equitable distribution.
Answered on 4/06/11, 8:56 pm