Separate Property

Albany Divorce Lawyer Explains What Is Considered Separate Property in a Divorce

How is separate property handled in divorce? Find out about the equitable distribution phase is handled in this educational video by Jean Mahserjian, one of our dedicated divorce lawyers in Albany. 

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The Domestic Relations Law in New York discusses marital property and separate property. Whereas marital property is defined broadly, separate property is defined narrowly. There are several categories of separate property, which is property that belongs to just one party. This could be an inheritance that has been kept in that party’s name, a gift other than an inheritance, lottery winnings, or property that the party had before the marriage. Those types of property are not divided in a matrimonial action unless they have been commingled with marital assets.

SUMMARY:

  • Marital property is defined broadly, separate is defined narrowly.
  • Property that belongs to just one party can include inheritance, lottery winnings, or property before marriage.
  • These items are not divided during a divorce.

If you are going through a divorce, call our office to see how we can help. Jean has over 30 years of divorce litigation experience and can guide you through this troubling time.

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