Legal Question in Real Estate Law in New York

Re: Is this property deed valid?

The deed is preumptively valid. The signature of the grantee is not needed to make it valid; all that is needed is that the grantee accept the deed, which is presumed from the recording of the deed. The spouse could rebut the presumption by showing that she did not know of the change of title. (She might wish to do so if the property is an environmental hazard, or in such poor condition that a visitor was or is likely to be injured.) Until and unless the presumption is rebutted, she is the co-owner of the property by the entirety if she was really married to the husband at the time the deed was made. If not, then she is a co-owner, but most likely as a tenant in common and not by the entirety. The difference between common and entirety has to do with creditors' rights, likely not immediately relevant to the question.

Re: Is this property deed valid?

If the "Transferor," your father, signed the Deed and his signature was duly notarized and the Deed was accepted for recording, then the Deed is considered as "valid on it's face." A "Transferee," your mother, is not usually required to sign a deed.

However, if your father was legally married to another, (not your mother, at the time), then the "legal spouse" or heirs of same, might have a cause of action to share in the property or otherwise defeat your mother's right, title and interest in the property.

Good luck,

Phroska L. McAlister,ESQ