Legal Question in Real Estate Law in New York

Wife's Name not on Deed

My husband bought his house 32 years ago while he was single. Placed his parents names on the deed, as well as his own, since they were living with him. Father passed away 4 years later. Mother continued to live with him until she passed away. During this time we married & continued living in the same house. Please clarify the legal ramifications of my name not being added to the deed.

Thank you.


Asked on 11/13/03, 1:33 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Wife's Name not on Deed

Depending upon how the Deed read when originally prepared, as the sole surviving original owner, your husband may own the entire property. I would have to see the original Deed to confirm this. Without your name on the Deed, all you have is the statutory right to live in the house during your lifetime, subject to your still being married and living with your husband as man and wife if he predeceases you. There may be more ramifications, but I need more information on the marital status, who pays mortgage or other household bills, etc., to give you a more complete answer as to rights beyond mere residence allowance.

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Answered on 11/13/03, 4:12 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Wife's Name not on Deed

I would need to see the deed for form of ownership. Assuming he is current sole owner he can place both of you on a new deed as Joint Tenants and, if you survive him, you would own the house.

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Answered on 11/13/03, 6:27 pm


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