Legal Question in Real Estate Law in New York
How to Legally Renounce Legal Claim to Property Held By Spouse
My husband and I are currently separated (not legally), and are trying to reconcile. During this time, my husband purchased a home for himself with an inheritance he received from his father. His name alone is on the deed. He has been told by legal council that if we reconcile and I move into the house, I would be able to lay claim to his property if we divorce. This is causing much grief during our reconciliation attempt, and even though I have assured my husband that I would never do this, he remains afraid. Is there any kind of legal document that I could sign waiving any claim to his house in the event of an eventual (although hopefully unlikely) divorce?
2 Answers from Attorneys
Re: How to Legally Renounce Legal Claim to Property Held By Spouse
The advice your husband received sounds wrong, but there may be facts at work here of which I am unaware. You can enter into a post-nuptual agreement that would say, among other things, that the house was purchased with an inheritance received by your husband and that you ahd he agree that it is and will remain his separate property, not subject to equitable distribution or other matrimonial claims.
Good luck and God bless. I hope you and your husband work it through. The house should not stand in the way.
Re: How to Legally Renounce Legal Claim to Property Held By Spouse
Your spouse is absolutely correct. Your best bet is to see a matrimonal attorney, or to repost this question in that category ... this is less a real estate question froma legalpoint of view than a matrimonial one.
Good Luck
RRG
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