Property Rights

In every marriage, each spouse brings certain property to the marriage (separate property), and the couple accumulates property together (marital property). In any divorce proceeding in New York, the parties are free to reach a settlement with regard to the distribution of all their property, both separate and marital. In the absence of such an agreement, the judge will decide what constitutes an equitable distribution of property and will determine what is “separate property” and what is “marital property.”

Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.

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