I purchased an apt. together with my ex-husband while we were in marriage, and kept it even after divorce with 50/50 share. A few years later, he needed cash, so he refinanced it and cashed out under his personal name with my consent. (The Refinance checks show proofs that he took all the money). Now he passed away without will, his executor didn't claim for the property, and not paying any of his debts. I am paying off his debts for 2 years already, because I don't want to lose the apartment. Can I ask his executor to pay? or can I claim the full ownership of this property?
State/Country relating to question: New York
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.Did you own the property as joint tenants with right of survivorship?
Then the property is yous automatically as the surviving joint tenant. It is not part of the estate.
Really? someone had told me that even we were joint tenants with right of survivorship, but we divorced, so the divorced paper will be the one to count with 50/50 share
,Really? someone had told me that even we were joint tenants with right of survivorship, but we divorced, so the divorced paper will be the one to count with 50/50 share
If the decree stated otherwise, the joint tenancy would be intact and your interest preserved. Otherwise, you are a tenant in common and you could make a claim against the estate for its share of expenses.
Do you know how will I do that in New York to make this kind of claim (in case I am just a tenant in common)?
You would file a creditor's clam form. You can get the form from the clerk's office at the surrogate court.
And if my right is intact, what's the proper step for me to take?
You would not need to do anything. You are automatically the owner as the surviving joint tenant.
Thanks for you all your help, and bother you this much. but I mean to make it fully clear, it is better to remove his name, right? how should I do that?
You would record a quitclaim deed along with a copy of the death certificate.If a tenant in common his interest would go through his estate.
Over 25 years of practice.
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