New York is an equitable division state, which means each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. A judge will determine an equitable division of assets, which may or may not be exactly equal.
The Uniform Disposition of Community Property Rights at Death Act
The Empire State has adopted the Uniform Disposition of Community Property Rights at Death Act, a 1971 piece of model legislation that more than a dozen states without community property laws have adopted. Generally, it preserves the community property ownership rights of each spouse if they move from a community property state to a non-community property state (such as New York).
New York Marital Property Laws at a Glance
|Statute||New York Domestic Relations Law Section 236|
When New York was a community property state, property was divided according to whose name was on the title of a given property. So even if both spouses paid into the mortgage (or one was an unpaid homemaker), for example, the individual whose name is on the title would get the house. The goal of equitable distribution in a divorce is to make sure it is fair, with respect to the contributions of each spouse to the marriage and what each party needs after the split.
In New York, a judge will consider the following factors in order to devise a fair distribution of property (this is not a complete list, just some examples):
|Community Property Recognized?||No, but Uniform Disposition of Community Property Rights at Death Act (UDCPRDA) adopted. (Estates, Powers and Trusts Laws §§6-6.1, et seq.)|
|Dower and Curtesy|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Divorce can be one of the most difficult events in a person's life and property division issues can be complicated and emotional. A lawyer's assistance can help you get to a fair agreement while vigorously protecting your rights. Contact a local attorney for a free initial case review to discuss your divorce and property issues today.
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