Legal Question in Real Estate Law in New York

tenants in common

I am buying a house with my boyfriend. we both have kids separately. Which is the best way to title the property to ensure that they benefit?. If we use tenants in common and don't have a will do the kids still get the property? or do we have to have it specified in the will. I assuming there is no way of avoiding either one of us owning the house with the others kids, if someone passes. Also if we marry in the future should the way the title is held be changed?


Asked on 3/30/09, 7:34 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: tenants in common

If you take title as Tenants in Common, then the children would receive their parent's share of the property.

I would also create a partnership agreement with the house. The agreement would cover things such as payment for the house, sale of the property if you separate from the boyfriend, and disposition of the property after death.

Mike.

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Answered on 3/31/09, 8:39 am
Steven Czik CZIK LAW PLLC

Re: tenants in common

If you are buying real property in NY it is imperative that you retain the services of an experienced attorney to represent you and guide you through the process you will need much more than just which deed to use.

We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Gordon

Law Offices of

STEVEN J. CZIK, P.C.

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The information provided by The Law Offices of Steven J. Czik, P.C. (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 4/13/09, 6:17 pm


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