Legal Question in Wills and Trusts in New York
if two people lived together for more than 20yrs.and equally shared their responibilities,and one dies,can the other be considered a silent partner in the property if he can establish that they had a verbal agreement,and be legally entitled to the property?
Asked on 2/27/11, 10:42 am
1 Answer from Attorneys
Howard Knispel
Howard E. Knispel, P.C.
Under the Statute of Frauds, contracts involving real estate must be in writing. An action to declare a "constructive trust" might be started but these rarely succeed involving real estate. You would have to show that although the property was in one name, one party was really holding it for the other. The intent of the parties when the purchased it is important. The question of why the owner did not add the other's name in 20 years will be used against this.
Answered on 2/28/11, 12:00 pm
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