New York recognizes tenancy by the entirety for real property conveyed to the spouses, unless there is documentation that another form of ownership exists. In addition, after January 1, 1996, a disposition of shares of stock of a cooperative apartment corporation allocated to an apartment together with the proprietary lease to spouses creates a tenancy by the entirety unless there is documentation of another form of ownership.

If the legal relationship between spouses is judicially altered through divorce, annulment, or legal separation, the tenancy by the entirety converts to a tenancy in common. Where, however, the spouses separate as a result of their own agreement without the aid of a judicial decree, they continue to own the property as tenants by the entirety. Tenancy by the entirety also ends with the death of one spouse with the survivor having full rights in the entire property.

Property held as tenants by the entirety may only be sold with the consent of both parties. Where individuals are joint tenants or tenants in common, assume the individual has the right to sell the individual's own interest in the property in the absence of other legal restrictions.

Although a spouse cannot sell a share of property held as tenants by the entirety, the spouse is permitted to sell, mortgage or otherwise encumber rights in the property, subject to the continuing rights of the other. If the spouse who interest in the property predeceases the spouse whose interest in the property has been retained, the buyer is left with no interest in the property at all. Conversely, if the spouse who retained interest in the property dies first, then the buyer acquires full rights to the property unencumbered by the living spouse's former interest, i.e., the buyer owns the property outright.

With the exception of shares of stock in a cooperative apartment (discussed in SI NY01110.510B.1), New York does not recognize tenancy by the entirety for personal property. Therefore assume, absent evidence to the contrary, that each owns an equal share of the property and is free to sell the individual spouse's own interest.

1. a. 

   The conjugal partnership exists while the marriage is in effect:

   It can only be dissolved by judicial separation or by dissolution of the marriage by death, legal divorce, or nullity.

2. b. 

   The conjugal partnership owns:

   1. 1. 

      Property acquired during the marriage at the expense of the partnership property, whether the acquisition is made for the partnership or for one of the spouses only;

   2. 2. 

      Property obtained by the industry, salaries, or work of the spouses or either of them;

   3. 3. 

      The fruits, income or interest collected or accrued during the marriage, coming from the partnership property, or from that which belongs to either one of the spouses.

   4. 4. 

      Buildings constructed during the marriage on land belonging to one of the spouses, but the value of the land is paid to the spouse owning it.

3. c. 

   The conjugal partnership does not own:

   1. 1. 

      Property owned by one of the spouses prior to marriage;

   2. 2. 

      Property inherited or received as a gift by one of the spouses during marriage: or

   3. 3. 

      Property acquired by one of the spouses through exchange of property or money belonging exclusively to that spouse.

   Such property belongs exclusively to that individual. This form of ownership or acquisition would have to be proven as it is assumed that all property belongs to the conjugal partnership (see SI NY01110.510C.5).

1. a. 

   Property purchased with assets of the conjugal partnership belongs to the partnership unless it is proven to belong exclusively to one spouse. It is assumed that property belongs to the conjugal partnership unless proven otherwise.

2. b. 

   Neither of the spouses may donate, sell, or bind for a consideration the personal or real property of the conjugal partnership's community property without the written consent of the other spouse.

Property belonging to the conjugal partnership is divided equally.

1. a. 

   Spouse dies without a will

   Refer to the laws of intestacy in SI NY01110.515 if the spouse dies without a will.

2. b. 

   Spouse dies with a will

   Each spouse may dispose of the spouse's own half of the conjugal partnership by will, except that certain portions of the spouse's property are reserved for the spouse's descendants (or other relatives if there are no descendants) and/or the spouse.

If the individual disputes that the property was part of the conjugal partnership, obtain the deed, the will, property valuation (if available) and any other documentation the individual may have and submit for a legal opinion pursuant to the procedures outlined in GN 01010.815.

The Virgin Islands recognizes tenancy by the entirety for real property conveyed to spouses, unless there is documentation that another form of ownership exists. Upon legal divorce or annulment, the tenancy by the entirety no longer exists, and the former spouses become tenants in common. Tenancy by the entirety also ends with the death of one spouse with the survivor having full rights in the entire property

The property held in tenancy by the entirety may only be sold with the consent of both parties. Where tenancy by the entirety converts to tenancy in common, one party may sell the party's own share in the property without the consent of the other. Where the individuals are joint tenants or tenants in common, assume the individual has the right to sell the individual's interest in the property in the absence of other legal restrictions.

For tenancies by the entirety created before September 1, 1957, submit for a legal opinion pursuant to the procedures outlined in GN 01010.815.