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Does a divorce decree trump how a property is deeded?
Anonymous5 views3 answers
My husband and I own a coop apartment in Manhattan. We are currently titled on the property as joint tenants in entirety but we are now getting divorced.
He is giving me the apartment as part of the divorce settlement. However, he is going to be paying the loan for the next 3 years as part of my alimony. As such, he must remain on the property and on the loan. He has a stipulated in the marital settlement agreement that the apartment will be mine in the divorce. My question is if I need to re-deed the apartment, or whether the divorce decree will insure that in the event of his death, I get the property 100 percent. After divorce, New York law will change our status on the deed to joint tenants in common. This means his estate will get 50 percent of the apartment if he dies.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
As a New York divorce attorney, I can assure you that you will need more than simply the divorce degree to protect your rights in the above-described scenario. I suggest you have a confidential consultation with an attorney immediately to discuss the matter in further detail and to obtain specific advice regarding the most efficient and effective way to ensure you get what you're expecting and what has been agreed in the divorce settlement. It would be reckless to proceed any other way. You can find contact information for attorneys who can help you here on . Good luck!
Your issue involves more than the family court can provide. You need to address the matter with a real property attorney in addition to the family law attorney to be certain.
If you have significant assets subject to equitable distribution (like say, a coop apartment in Manhattan), you really should retain an attorney to make sure this is done right and you are protected. If I were you, I'd consider contacting Ms. Brown directly, as she typically provides excellent advice and representation.
