Until your boyfriend has a Judgment of Divorce, signed by the court and filed with the county clerk’s office, he is still legally married, and any property acquired during the course of his marriage with funds earned during the marriage are considered marital property. Therefore, if he were to acquire an interest in this property […]
Until your boyfriend has a Judgment of Divorce, signed by the court and filed with the county clerk’s office, he is still legally married, and any property acquired during the course of his marriage with funds earned during the marriage are considered marital property. Therefore, if he were to acquire an interest in this property you are talking about as a tenant in common with you, that property would be subject to a marital claim by his wife.
The best thing to do is for you to do is acquire the property in your name and if you need the money from your boyfriend to purchase the property, borrow the money from him and give him a promissory note. You can also have a side agreement with your boyfriend, stating that upon his official divorce, he can convert the amount owing to him in the promissory note into an interest in the property.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length and to prepare the documentation.
Leonard M. Weiner, Esquire/ Divorce Solutions