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I am involved in a situation where the plaintiff, after filing for divorce, wants half of the equity in a house I own. Her name was added to the property title six years before she left. For four years leading up to the divorce, the plaintiff managed her income separately and continued to withdraw... View More 
answered on Mar 20, 2025
Regardless of when the property was purchased, the act of adding your spouse to the deed is called transmutation, thus making it marital property. This does not mean it would be divided equally, but equitably. The distribution percentage depends on the pre-marital credit you might be entitled to.... View More
I divorced in New York 38 years ago on the grounds of mental cruelty, and the divorce documents stated that no discovery was needed regarding property division. I had property in Puerto Rico before marrying, and I bought a new property while married using proceeds from my premarital assets. Now,... View More
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answered on Mar 17, 2025
You said you already appealed to the highest court. So, there is nothing more that I could suggest. In any event, I would have to review your entire file, for the U.S. and for Puerto Rico, including your appeal, before I could understand what exactly happened. If you would like to retain me to do... View More
I am living in a Mitchell-Lama complex in Brooklyn, NY. I am the successor daughter in my parents' Coop unit, where they moved 30 years ago. Back then, the Coop Bylaws required that 60-70% of the apartment have wall-to-wall carpeting. We're now moving to a larger unit, and the Coop Board... View More
I'm in the process of a Chapter 7 bankruptcy, which is being dismissed at my own will since I can now pay off the debt. I understand that a discharged bankruptcy might take 1-4 years to secure a home loan, but what is the typical waiting period for taking out a home loan after a bankruptcy... View More
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answered on Mar 9, 2025
There is no such thing as a typical waiting period under the circumstances you have described. Especially now that mortgage lenders are tightening their lending requirements. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. We plan to create a will and trust to leave the house to the surviving spouse or our son if we both pass. My name is not on the... View More
answered on Mar 9, 2025
Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.
Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More
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answered on Mar 6, 2025
If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
answered on Mar 8, 2025
You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.
If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.
I currently live in a rent-stabilized apartment in New York City and have recently purchased a co-op apartment as an investment, intending not to reside there. I have not informed my landlord about this purchase, and there are no specific terms in my lease regarding ownership of other properties.... View More
I recently received a summons from the Department of Buildings regarding an illegal gas line for a dryer connection in the common area of my condo at Garden Bay Manor. This connection was already in place before I purchased the property 35 years ago and was cleared during the management's... View More
My car was chalked and labeled by the NYPD rotation tow, but it's parked legally, and there were no boots or tickets on it. I haven't registered the car yet, but I've been moving it for street sweeping every 4 days. I also haven't received any notice from the NYPD. Can I move... View More
I am considering buying a property that has an illegal basement currently occupied by a tenant without an official lease or permit. There have been no fines or complaints related to the basement. I plan not to rent it out and to leave it as-is. What are the potential legal ramifications I might... View More
answered on Feb 26, 2025
Dear Brooklyn Home Buyer:
You described an illegal, unregistered, multiple dwelling, and extant violation of the Certificate of Occupancy.
Aside from the likely Department of Buildings violations of basement use contrary to the Certificate of Occupancy and failure to restore the... View More
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
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answered on Feb 25, 2025
The answer to that question is 100% dependent upon the building and zoning law of the municipality in which the home is located. Sounds like there is a potential building and zoning violation which might be revealed in the course of the closing or thereafter. You would be well advised to go to... View More
My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention... View More
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answered on Feb 23, 2025
Greetings:
Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the... View More
I purchased a motorcycle from a seller on Facebook Marketplace, but I discovered the seller was never the registered owner. The previous owner before him is the last titled owner, and I cannot locate this person. The DMV advised me to send a letter to the seller, requesting him to file a duplicate... View More
I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More
answered on Feb 19, 2025
I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More
I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More
answered on Feb 26, 2025
Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More
My mother, a foreign national, owns a condo in NYC valued at around $1 million as an investment property. We are concerned about the 40% estate tax above $60,000 upon her passing. We are not interested in solutions like foreign corporations or life insurance. Can setting up a non-grantor... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
Is it possible to have a lease assigned to me even though I am not related to the current tenant? It concerns a residential, rent-stabilized property in NYC. The tenant has been living there for many years and now wants to assign the lease to a long-time friend, but not a family member. The... View More
answered on Feb 14, 2025
Dear Manhattan Tenant
Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.
An Assignment... View More
Person A sold two parcels of land to Person B, a close relative, several years ago. I believe it was for $1 and other consideration. The govt forms correctly identified both parcels by tax map designation and address, and current property tax records correctly show Person B as the owner of both.... View More
answered on Feb 9, 2025
This is a mess that must be corrected ASAP. An incorrect metes and bounds makes a property unmarketable. If Person A is alive then person B should immediately use the POA and do a correction deed. There is a literal form for it.
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