Legal Question in Real Estate Law in New York

marital property or separate

I have a co-op that I acquired before my current marriage. I expect that I have separate legal rights to the co-op. Is there any way I can sell it, use the funds to buy a new (bigger) property, and have that new property NOT become marital property. Is there any document that can be signed by my spouse to relinquish all rights? I initially wanted to sell the property later for my 2 daughter's (from previous relationship) college tuition, so I cannot jeopardize the asset in any way. I need it to be separate.

How about LLC?


Asked on 1/30/03, 2:19 am

1 Answer from Attorneys
Michael Paradise Law Offices of Michael S. Paradise

Re: marital property or separate

You might consider entering into a post-nuptial agreement with your husband setting forth that the co-op, its proceeds and any replacement property are to be designated your separate property to which he has no interest or claim.

This response is for general information purposes only and does not constitute legal advice.

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Answered on 1/30/03, 12:55 pm


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