Brooklyn, NY asked in Family Law for New York

Q: Can I transfer the ownership of the house to my daughter, even though I got married after I bought the house?

I bought the house as a sole owner 10 y ago. I have a daughter/ from a previous marriage who is now 19 y old. I got remarried after I bought the house. Can I transfer the ownership of the house to my daughter so in case of a divorce my current husband cannot take advantage of the home equity built into the house? I believe the law would otherwise state that all the value acquired during marriage is shared equally even though the house is only in my name. How can I protect the value of the house from being split?

Related Topics:
1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, NY
  • Licensed in New York

A: We cannot provide legal advice as to how to bilk an opponent in anticipation of a court action. However, we can educate.

Trickery in avoiding exposure to a court's judgment as to realty will cause a heavily sanctioning of the tricky litigant. Indeed, New York law excludes separate realty from the judge's knife, but that portion of appreciation that may have occurred during the marriage is a marital asset. It will figure into any calculation the court does and hiding it by a ruse such as writing it over to a child is incredibly risky. There may also be a gift tax implication in such a transfer that will diminish the marital estate for which the spouse can act.

As an educational point, avoidance by ruse will be punished severely. However, the asker should consult with an attorney as to how to protect and preserve her property, and do so in a private, confidential setting.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.