Legal Question in Real Estate Law in New York

Re: deeds

The answers depend upon several scenarios and how the new Deed will read. If it is intended that you have an immediate interest in the property, your fiance could register the title in both names, as equal tenants in common. This would give you an immediate one-half mownership. Alternatively, title could read both names as joint tenants with right of survivorship or an tenants by the entirety (this is JTWROS between spouses), which only allows you to inherit the house by surviving your fiance. What happens on divorce depends upon many factors. If the Deed reads tenants in common, you would probably get one-half. If JTROS or tenants by the entirety, how much you would get would depend upon how long you were married, how much, if anything, you contributed to the mainteance and upkeep of the house during the marriage, and other factors. The latter registration would be subject to NY equitable distribution rules. I have a concern since you imply the adding of your name will be gratuitious with no possible contribution coming from you, currently or in the future. Marriage does not entitle you to share anything owned by your spouse prior to the marriage, unless the pre-marital asset is converted into a marital asset. The changing of the name on the current Deed may be doing that. With no disrespect, I would caution your fiance to consult a matrimonial attorney for advice before making a new Deed, to ascertain the intent of adding your name and what, if anything, you will become responsible for after the marriage and change of Deed.

Re: deeds

Adding your name to the deed will not afford you with guaranteed rights with respect to the percentage of the property that you will be entitled to in the event of a divorce.

Courts are required to distribute marital property "equitably." The court has wide discretion to determine what is equitable.

Re: deeds

Pardon the sarcasm, but if you arer already considering divorce, why not speak to a matrimonial attorney about what you should do now to protect your interests then and repost this question to their category.

Good Luck

RRG