Brooklyn, NY asked in Divorce, Family Law, Estate Planning and Real Estate Law for New York

Q: Buying a multi-fam home with my siblings. So all our names are on deed. When I die or divorce what does wife get?

I'm buying a multi-family home with my 2 brothers and sister. All of us are going to sign the deed ,so how will the ownership work out if I die or I divorce my wift in the time we have the property? Will a "will" help to resolve any ownership issues on my part?

3 Lawyer Answers
Inna Fershteyn
Inna Fershteyn
Answered
  • Estate Planning Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: This is not a family law question it's an estate planning question. You need to set up a trust and buy the house into the trust. Trust will address all the issues you mentioned. Will unfortunately is not a good way to do it because will has to go through Probate- 8-12 month process that costs 4-6% of your entire estate. Also wills can be changed during life and can be thrown out of court as defective.

Revocable Family Trust is your best bet. If you want to read more about Trusts v Wills you can check www.BrooklynTrustandWill.com articles section.

Inna Fershteyn

718-333-2394

6 users found this answer helpful

Barry E. Janay
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Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: You should hire an attorney. Typically real estate bought by a husband and wife is held as tenants by the entirety, which includes a right of survivorship, meaning that the surviving spouse gets the entire property. In a divorce, there is no telling what a judge will do in terms of equitable distribution of the property. The fact that this is a multi-family home only makes it more complicated. Rather than create the trust that the other attorney mentioned, I think it would be best to set it up similar to a co-op where a corporation buy's the property, you and your siblings are shareholders and each of you gets a proprietary lease to the particular unit in the multi-family dwelling.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The other responses are too complicated, although the options suggested are options. The deed will reflect what happens by using legal language that means what you want. Whatever you want can be put into the deed.

2 users found this answer helpful

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