Legal Question in Real Estate Law in New York

a pre-nup with no nup

I am not sure which area of law my question pertains to.

I have been dating a woman for 8 years and moved into her house 8 months ago. We are both in our 50's and divorced with our own grown children. She pays the mortgage and taxes but does not have funds available to fix-up the house. I do. We dont want my name on the deed, and we don't wish to marry. I want to pay for siding, fireplace, patio, and a few other things, totalling approximately $30-$40k.

But as we all know things dont' always work out as planned.

In the event we break up, untimely death etc. I would like to have some type of written agreement that I could still live there or be entitled to some remuneration based on how much I put into the house. We both want to protect ourselves and also to be fair to each other.

We need a neutral suggestion as to what we should do.

Kinda like a pre-nup with no nup planned.


Asked on 3/28/05, 1:55 pm

3 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: a pre-nup with no nup

I agree with both prior attorney answers. A "Domestic Partnership" Agreement and a mortgage & promissory note, prepared by an attorney should do the trick, of protecting both of your interests, rights and obligations re each other (with the least amount of discomfort).

Good luck,

Phroska L. McAlister,ESQ

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Answered on 3/31/05, 9:02 pm
Steven Czik CZIK LAW PLLC

Re: a pre-nup with no nup

We can draft a condition specific agreement that could contain all that it seems would need it to at a fairly inexpensive cost to you...this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

(212) 413-4462

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 3/28/05, 2:04 pm
Seth Kaufman Kaufman PLLC

Re: a pre-nup with no nup

You should simply take a note and mortgage for the amounts advanced.

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Answered on 3/28/05, 2:46 pm


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