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New York Marital Property Laws

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 that may not be exactly equal.

The following table provides a few basics of New York's marital property laws. See Community Property Overview and Divorce Property Division FAQ to learn more.

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 Certain dower rights for widow of marriage before September 1, 1930 (Real Property Law §§190, 190b); curtesy abolished (Real Property Law §189-certain rights remain for widower of woman who died on or before August 31, 1930)

Note: State laws are constantly changing -- contact a New York family law attorney or conduct your own legal research to verify the state law(s) you are researching.

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