Legal Question in Landlord & Tenant Law in New York

co-op, marriage

if a co-op owner moves out of said co-op to get married (leaving a sibling behind in apt who is not listed on the shares), does the owner's new spouse now have rights to the co-op in case of divorce?


Asked on 11/25/08, 4:19 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: co-op, marriage

Yes.

Mike.

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Answered on 11/25/08, 4:26 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: co-op, marriage

It depends on a few factors. Generally, in NY it may be deemed "pre-marital" property that belongs solely to you even in the event of a divorce. Problems may arise if the premises become the marital abode and she contributes to the upkeep and/or payment of the unit and/or its shares. Courts may also award her part of any appreciation (or depreciation). If that is a concern for you, consult with a local Domestic Relations attorney to explain it fully and guide you in your specific situation.

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Answered on 11/25/08, 5:02 pm


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