Deed to S1 and S2 - New York
Bruce Steiner
A New York deed shows the grantee as S1 and S2 but doesn’t say husband and wife (or husband and husband, or wife and wife, or S1 and S2, his wife, or S1 and S2, his husband), tenants by the entirety, or tenants in common.
How do they own it?
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Scott A. Weinberg
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Ed Regan
If they are husband and wife at the time of acquiring the property EPTL 6-2.2 (b) has this covered.
6-2.2 When estate is in common, in joint tenancy or by the entirety
(a) A disposition of property to two or more persons creates in them a
tenancy in common, unless expressly declared to be a joint tenancy.
(b) A disposition of real property to a husband and wife creates in
them a tenancy by the entirety, unless expressly declared to be a joint
tenancy or a tenancy in common.
(c) A disposition on or after January first, nineteen hundred
ninety-six of the shares of stock of a cooperative apartment corporation
allocated to an apartment or unit together with the appurtenant
proprietary lease to a husband and wife creates in them a tenancy by the
entirety, unless expressly declared to be a joint tenancy or a tenancy
in the common.
(d) A disposition of real property, or a disposition on or after
January first, nineteen hundred ninety-six of the shares of stock of a
cooperative apartment corporation allocated to an apartment or unit
together with the appurtenant proprietary lease, to persons who are not
legally married to one another but who are described in the disposition
as husband and wife, spouses, husbands, or wives creates in them a joint
tenancy, unless expressly declared to be a tenancy in common.
Edward Regan
Cell: 516-443-3118
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Bruce Leuzzi
Check the Titles tome by ALBailey to be sure but this is my recollection as well.
Bruce Leuzzi, Esq.
Attorney at Law – State of New York
From: 'Scott A. Weinberg' via nyclarealprop <nyclar...@googlegroups.com>
Sent: Thursday, March 26, 2026 8:14 PM
To: 'Bruce Steiner' via nyclarealprop <nyclar...@googlegroups.com>
Subject: Re: [nyclarealprop] Deed to S1 and S2 - New York
If they are in fact spouses at the time of the conveyance, I believe the presumption if Tenant's by the Entirety.
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Lee S. Wiederkehr
loj...@optimum.net
Bruce,
I think I saw this come up on one of our other listserves. As I recall, the answer is: If they are husband and wife yet it doesn’t designate that on the deed, I believe they still own as husband and wife. IF they were married at the time that they took.
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