Legal Question in Wills and Trusts in New York

Joint Property Owned by Boyfriend/Girlfriend

My boyfriend and I own a mobile home that I have receipt for in both of our names. It is located on property that is owned in his name only. In the event of his death, without a will, would I then have the sole ownership of the mobile home, or would it become part of an estate with the land as well, or could I move the mobile home to another piece of land.


Asked on 12/28/06, 11:05 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Joint Property Owned by Boyfriend/Girlfriend

THIS ANSWER DEPENDS UPON THE LAWS OF YOUR JURISDICTION AS TO WHETHER OR NOT THE HOME HAS BECOME PART OF THE LAND. IF IT NOT PERMANENTLY AFFIXED IN SOME WAY, IT PROBABLY REMAINS PERSONAL PROPERTY AND CAN BE REMOVED. TEMPORARY ATTACHMENTS FOR WATER AND UTILITIES MAY OR MAY NOT MAKE IT BE CONSIDERED PERMANENT. BEST IS TO HAVE HIM WRITE A WILL AND SPECIFY WHAT HAPPENS IF HE DIES.

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Answered on 12/28/06, 11:11 am
Norman Nadel Norman Nadel, Esq.

Re: Joint Property Owned by Boyfriend/Girlfriend

It all depends on your intentions when the mobile home was put in joint names. There are two types of joint ownership; one with the right of survivorship (joint tenants, generally), and without the right of survivorship (tenants in common). If you are concerned, you should clarify the terms of ownership.

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Answered on 12/28/06, 11:14 am
Arnold Nager Arnold H. Nager, Esquire

Re: Joint Property Owned by Boyfriend/Girlfriend

Property held as joint tenants passes to the survivor upon the death of a joint tenant.

At that point, if the home is still mobile, you should consider moving it elsewhere.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 12/28/06, 2:36 pm


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