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Can I Pass My Co-op Unit to My Partner if We’re Not Married?

Can I Pass My Co-op Unit to My Partner if We’re Not Married?

The New York Times
2025/12/14
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Q: I live with my partner in a co-op apartment in New York City, which I bought outright three years ago. Since it was a sponsor apartment, I did not need board approval for the purchase. Now I’m writing my will and would like to leave the apartment to my partner, for him to live in or to sell. But in order for him to assume ownership, would he have to be approved by the co-op board? We are not married. If we were, would he inherit it without board approval? Should I put the apartment in an irrevocable trust to avoid board sabotage?

A: If you want your partner to be able to live in your apartment after your death, the safest course may be to get married. Typically, leaving co-op shares to a spouse who wants to live there does not require board approval.

First, though, look at your co-op’s proprietary lease. You’ll find details about how shares can be passed on. Many leases allow for graduated levels of board approval for heirs who want to live in the building. For some family members, the lease could state that board consent is “not unreasonably withheld.” That means the board could only deny the lease if they had a good reason, like the family member’s financial inability to meet the carry costs of the unit.



But for everyone else, full board approval could be required. Placing your shares in an irrevocable trust will not help you get around whatever succession rules exist in the proprietary lease, because setting up the trust requires board approval.

In any event, passing down shares with the intent that they be sold upon your death does not require such approval.

If you confirm that the lease allows transfers to spouses without board consent, getting married will accomplish your goal.

“Otherwise, the inquirer can state in his will that if the co-op does not allow the transfer to his partner, the executor of the will should sell the apartment and give the net sale proceeds to the partner,” said Mindy H. Stern, a partner who represents clients in real estate and trusts and estates matters at Schwartz Sladkus Reich Greenberg Atlas LLP.

If your lease doesn’t confer these rights to your partner and getting married isn’t something you’re inclined to do, it’s still possible that your board would look more favorably upon your partner than another applicant, because they know him, said Andrew B. Freedland, a partner who practices real estate law at Herrick.