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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." Learn more about "property rights."

What is "marital property"?

What happens to marital property when we divorce?

What does "separate property" include?

What happens to separate property when we divorce?

What happens if I commingled separate property with marital property?

I want to file for divorce:

  • Determine on what grounds you wish to seek a divorce.
  • Document the assets you brought to the marriage and have accumulated since the marriage.
  • Consult with an experienced matrimonial, divorce or family lawyer.

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