Legal Question in Real Estate Law in New York

2 Names on Deed to House

My Aunt Bought a house in Brooklyn, NY in the 1960's. She needed an extra $2,000. Her brother in law gave it to her but insisted his name go on the deed. She is thinking of selling. Does he legally own half that house or just the portion he put into it? He has not paid any bills or taken care of anything and never lived there?Can he will his portion to his children? If she doesnt have a will does her portion go to her sister who would be her next of kin?


Asked on 10/08/07, 7:33 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: 2 Names on Deed to House

There is no doubt that your aunt cannot convey good title without dealing with her brother-in-law's interest. His legal interest is as shown on the deed. If there are no qualifying statements, he and your aunt will be tenants in common with each owning an undivided one-half interest. If your aunt believes that the equitable title is different, she should get matters adjusted while she can still do that.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/09/07, 1:07 am


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