I own the property together with my son. My son lives in the property alone. Can my son’s girlfriend claim the property?
A: No the girlfriend could not claim an ownership interest without a signed writing from you or your son. NY does not recognize common-law marriage so she could not make a claim against your son’s interest in the house without him putting her on the deed or giving her a lease. If they decided to get married and you are concerned that she may acquire some rights after marriage a pre-nuptual agreement would be a prudent idea to protect his interest. Without a pre-nup should they get divorced her attorney may very well argue that she is entitled to some of the increase in value of the house from their date of marriage particularly if she is contributing to the payment of the house bills. The other issue to be concerned about even if they are not married is that the girlfriend may have rights as a tenant should he seek to get her out.
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