Legal Question in Real Estate Law in New York

I signed the contract to buy an apartment in Aug 2009. I have not yet closed on the property due to restrictions of it being a new construction. Since then I got married (in Oct 2009) but the loan application is still in my name only. As I still haven't closed on the property I'm concerned that the lender will want to include my husband in the loan as co-borrower but I would like to keep the property in my name - how can I do this? My husband has terrible credit and I don't even want to go down the route of application with him on the loan. Is a quit claim the answer? I don't know what the property law is in NY concerning marriage.


Asked on 4/08/10, 7:05 pm

1 Answer from Attorneys
Julie Mason Mason & Marchese, P.C.

If you are the purchaser of the property and your husband will not be on the title, no changes will need to be made. If you intend to put your husband on the title, then you will have to notify the mortgage company.

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Answered on 4/14/10, 10:27 am


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