I do not understand precisely what you mean by saying, “his wife’s name is on the affidavit.” Is she registered with the co-op board as an owner of the co-op shares? The title to the co-op will depend on whose name is recorded as the owner. If she has been added as a co-owner of the apartment, it depends on how title is held. It may be held as joint tenants, or in the entirety, in which case the survivor will get the entire co-op, or it may be held as tenants-in-common, in which case she has a ½ ownership interest. Your father has ½ interest ownership interest, and when he passes away, his interest will be inherited according to his will or by the laws of intestacy.

Leonard M. Weiner, Esq./ Divorce Solutions