Legal Question in Real Estate Law in New York

Property Rights

Approximately 12 years ago my morther passed away. Shorterly after that my father turned his house over to me so my name appears on the deed. However I do know that it is his residence as long as he is alive. Recently he had a stroke. Shortly after that we had an argument. He was convinced by my sister to have a restraining order put in place preventing me from entering the property or having any contact with my father at all. Finally my question is since my name has been on the deed all this time can he have me removed from the deed or can he give the house to anyone else.


Asked on 8/12/07, 10:58 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Property Rights

Court's do not give full stay away restraining orders based on an argument.....

If you are on the deed your Father can not remove you or give the house to someone else AS LONG as he "delivered" the deed to you and it was properly notarized.

In other words, he is still not holding onto the deed. He needs to have relinquished control of the deed.

If he still has it, it's not a valid conveyance and he can change it.

Otherwise, he could bring a claim in court to try and void the deed based on undue influence, coercion or fraud but you would have to be served with the papers.

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Answered on 8/16/07, 9:24 pm


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