logo

What Is Marital Property In New York

March 26, 2023George Barrett

Marital property is a legal term for owning assets spouses acquire during the marriage. In New York, marital property laws may vary depending on whether or not a couple has signed a prenuptial agreement. 

This article provides an overview of what is marital property in New York and explores various aspects of these laws within the state.

What Is Marital Property In New York?

Marital property refers to any asset acquired during marriage, including real estate and investments. Marital property is based on the idea that both partners should have equal rights to any assets or liabilities accumulated between them. Courts will consider both parties’ contributions when determining rights to which properties. In New York State, marital property is divided according to equitable distribution rules.

Equitable distribution means that all marital assets and debts are categorized into two categories: separate and marital. Separate property belongs exclusively to one spouse, while marital property belongs equally to both spouses regardless of who holds the title. Factors considered when determining what type of property is included when it was acquired, how much each spouse contributed financially or otherwise towards acquiring it, and its fair market value at the time of divorce or separation.

Division Of Marital Property In NY

In New York State, the division of marital property is based on fairness and equity. Both spouses have equal rights to assets acquired during the marriage, regardless of who holds the title. When couples divorce in New York, they must agree upon how their marital assets will be divided. The court may also consider other factors, such as contributions toward acquiring the asset.

Suppose either party cannot agree on how to divide their assets equitably without going to court. In that case, a judge will decide what is fair and equitable after considering all relevant evidence. In some cases, couples can even develop their settlement agreements outside of court with the help of attorneys and mediators if they choose not to proceed through litigation.

Legal Considerations For Marital Property In NY

In New York, marital property is divided following the state's equitable distribution law. This means that any assets or debts acquired during the marriage are subject to division between the parties, regardless of who holds title to them. When a couple of divorces, they must agree upon how their marital assets will be divided—or a judge may decide for them according to what is fair and equitable after considering all relevant evidence presented by each side.

It’s important to note that courts consider many factors when making decisions regarding asset division, such as length of the marriage, income level of each party at the time of divorce, and whether either spouse has contributed financially or otherwise towards acquiring an asset. It's also important to understand that certain types of assets can be excluded from division: inheritance received before or after marriage; gifts given solely to one spouse; personal injury awards; and retirement benefits earned before or during the marriage. Lastly, couples should note that if they cannot agree on how to divide their assets equitably without going through litigation, it might be wise to seek legal advice to protect their rights.

Understanding What Constitutes Martial Property In NY

Understanding what is marital property in New York is critical for individuals going through separation or divorce proceedings to protect themselves legally and financially. Knowing the applicable laws related to marital property division allows divorcing couples to pursue equitable settlement arrangements that work best for them. It also helps them avoid costly litigation if there is disagreement over ownership or value of certain items within a shared estate.

Learn more about the intricacies of NYC’s real estate capital gains tax and provide insight into how it works in our Real Estate Trend resource. 

George is the visionary behind NY Real Estate Trend. With over 20 years of experience in the real estate industry, he has a deep understanding of the New York market and a passion for helping others navigate it.
logo
Quicklinks
Additional Information
© 2023 NY Real Estate Trend. All Rights Reserved.