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My husband and I are divorcing (New York). He bought our home just before we married. A few years ago we signed a warranty deed, deeding the house to me, alone. I have lived in the home for a few years now, without him. The house mortgage was paid off before the warranty deed was signed, and my husband refinanced it as a home equity loan.

Question - Do I legally own the house?
Does my husband have any legal claim to the property?
The warranty deed was never filed, but of course, was notarized.

gmakerley · Posted: Sun Jun 19, 2011 4:28 pm Post subject:

Answer 1 - the deed, though unrecorded, would be considered valid in most venues. I don't know New York law, but a good lawyer would. I suggest you discuss this with one.

Answer 2 - you indicated that "we"signed a warranty deed. What's left out is the name(s) of the grantee(s) on the deed. If both of you are grantees, then it's a joint ownership. Again, a very good question for a good lawyer.

Guest

Hi! Thanks for replying. Both my husband and I signed the warranty deed. Him, as grantor and me and grantee. I "bought" the house from him in consideration of $1. I can prove through letters that my husband intended to give me the property, and pay off the home equity loan (which is in his name solely) himself.

gmakerley · Posted: Mon Jun 20, 2011 5:02 am Post subject:

I'll again defer to an attorney, who can guide you through this particular maze. With a warranty deed on hand but not recorded, it would appear you can claim ownership of the property, but I'll opine that you truly need to record that deed in order to alert the free world.

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