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Commonly Asked Questions about Marriage Property Transfers

Separate accounts can also allow each partner to retain their financial independence and spend or save how they want. That, in turn, may lead to more harmony in a marriage if each spouse doesnt feel as if he or she has to justify spending habits.
Under New York State law, generally speaking, separate property is defined as property acquired by an individual prior to marriage, and marital property, in the absence of a prenuptial agreement, is defined as property acquired by one or both spouses during the marriage, irrespective of whose name the asset is in.
Understanding how New York law treats separate property Couples divide marital property, but each spouse keeps his or her own separate property. Separate property comprises: Assets owned prior to the marriage Spouses are allowed to keep any property they brought with them to the marriage.
Marital property refers to all property acquired during the marriage by either spouse. This applies even if the title of a specific assetsuch as a car or houseis in the name of just one spouse. All assetsincluding tangible and intangible assetscan be considered marital property.
Who Gets the House in a New York Divorce? The law in New York doesnt say which spouse should receive the family home in divorce. But notice that the judge will consider whether a custodial parent needs to live in the family home for the sake of the children (along with the other factors listed above).
In New York, any assets obtained during the course of a marriage are considered community property. Even if they are held in a separate account, any paycheck or other investments earned during a marriage and deposited into a bank account in one spouses name are still deemed marital property.
Unfortunately, separate bank accounts are not protected from property division if the assets deposited were acquired during the marriage. Although the funds were not commingled, since they were deposited during the marriage, they will be deemed as marital property, which will be subject to equitable distribution.
Marital property includes: Cash, securities, bank accounts, retirement accounts and pensions acquired during the marriage; Advanced educational degrees, and permits to engage in specialized businesses acquired during the marriage; Gifts to each other.