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Hammy, Home Owner in New York, NY

I own a co-op(no mortgage) and want to put my girlfriend as a co-owner. They tell me we must be married first ?? How can I put her on the deed.Thanks.

Asked by Hammy, New York, NY Thu Apr 21, 2011

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Michele Conte’s answer
There is no DEED with a co-op, because co-ops are not real estate, they are personal property.
You have a Stock Certificate indicating the number of shares in the Corporation that owns the building, and a Proprietary Lease that entitles you to live in the apartment until you sell your shares. You co-op probably has a by-law that allows only a spouse's name to be added to the Lease and Stock Certificate. If that is so, you must abide by the corporation's rule and wait until you are married.
Michele Conte
Senior V.P., Managing Director
Brown Harris Stevens Residential Real Estate LLC
1 vote Thank Flag Link Thu Apr 21, 2011
Hi, with a coop you don't get a deed because you don't own the unit, you own shares in a corporation and receive a proprietary lease. In order to get her on the title she will have to be on the mortgage as well. The reason coops want you to be married is because it shows more commitment. If she is just a girlefirend then you can break up and she can leave at anytime leaving just you to be responsible. If you are married it changes things a bit.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
914.406.9023
1 vote Thank Flag Link Thu Apr 21, 2011
Consider consulting with an attorney for any legal advice, also review your documentation regarding any such rules for your specific complex......
1 vote Thank Flag Link Thu Apr 21, 2011
Hammy, I know you didn't ask this, but I do hope you will consider a partnership agreement that will address the unthinkable, which is, whose family inherits what if bad things happen. For example, is it your wish that she inherit your share if you were to, uh, pass? Or would your family members be expecting to inherit it?

For our other readers, you don't "put somebody on the deed," you (meaning, your attorney or title officer) draws up a new deed documenting that you're transferring your interest in the property to, in this case, yourself and your girlfriend.
0 votes Thank Flag Link Fri Apr 22, 2011
There is no deed there r shares
Flag Thu Apr 24, 2014
Yes, please have an attorney review the docs and advise.

IF the coop board has a rule that permits only a spouse on the stock certificate, it sounds like the board may be in violation of NYS fair housing laws. Marital and familial status are protected classes under state law making it illegal to discriminate. (By the way, sexual orientation is also a protected class in New York State. What if someone wanted to include a same-sex partner as a co-owner of the stock? There must be a way to do it.)

New York City is indeed part of New York State, same laws apply. See a lawyer.
0 votes Thank Flag Link Fri Apr 22, 2011
Hi Hammy,
coops are a very funny thing depending been doing them for years and ever time i think i have it right they come up with something new now back to the rules they may be right but like Anna said talk to your attorney and have him/her look it over
good luck



Best Regards,

James



James Lehrieder
Director of Sales
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Living Source Residential
1 west Street Suite 100
New York, NY10038
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0 votes Thank Flag Link Thu Apr 21, 2011
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