Legal Question in Civil Litigation in New York

my ex remarried and died suddenly, tenants by entirety deed we were, no quit claim signed in time? what happens now? new wife in the house.


Asked on 8/03/09, 4:42 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

It sounds like you now own a house.

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Answered on 8/09/09, 11:02 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Upon a NY divorce, a house owned "by the entirety" is "converted by operation of law" to " a tenants in common." ownership. Which means, each party continues to own a share of the premises, but survivorship rights to the other party's share, are extinquished. Failure to record a new deed, in such a case, will not revive or give rights, title or interest to an Ex, that ceased to exist

Thus, the "New wife" or Ex's heirs at law, own at least 1/2 of the rights, title and interest in the property. New wife is also likely to be deemed to have the superior right to live on the premises, if she was living there upon her husband's death.

In addition, the value of a person's interest in a property is largely calculated to be based upon "Equity" concepts. Which means an individual's money interest in property, includes assessment of the direct and indirect contributions to the acquisistion and maintenance of the property. In NY Marriage, w/o more does not entitle a "non" contibuting spouse to an "equal" or superior share to marital property.

Thus, if you decide to pursue a legal action you should expect to produce documents and details supporting your claim of interest in the property, going back to its orginial acquisition. Or, to your divorce. Be reminded that should not expect or demand more from your Ex's heir's at law, than your Ex was or would have been obligated to provide to you., with respect to money or property.

Good luck,

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Answered on 8/09/09, 2:16 pm


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