Legal Question in Real Estate Law in New York

Real Estate in a common law situation

I need to know my rights in a common law situation when there is real estate involved. what I can and can not get out of it. My name is on the property Deed and we built a house on the property, but the house is not deeded yet with the property. We just paid off the morgage on the property where the house sets and need to deed it but He wants to settle things with me for a disclosure of our lives before he registers the deed with the county. Just want to know what to do about it. should I register the deed first before I proceed legally or can we do it without it and still beable to get my share.


Asked on 4/25/00, 10:33 am

1 Answer from Attorneys
Richard Bartel Law Office of Richard Bartel

Re: Real Estate in a common law situation

Your question is not completely clear. If you are a tenant in common or a joint tenant as to real property, you own a portion of that real property. In New York, real property cannot be transferred without your consent, (other than Sheriff's levy, bankruptcy or some other ways not pertinent here). I suggest that you not sign any deed until you receive appropriate legal advice and are sure that you want to transfer your interest in the property.

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Answered on 6/05/00, 10:44 am


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