Q: Wife owned 3 properties before marrying husband. Once married - husband paid taxes repaired upgraded properties
Now divorcing - is husband entitled to a portion of their current value (commingled funds)
A:
In New York, property acquired before marriage is generally considered separate property and is not subject to equitable distribution in divorce. However, the situation can become more complex if separate property becomes commingled with marital property during the marriage.
Commingling occurs when separate property, such as the properties owned by the wife before marriage, becomes mixed with marital property, such as funds contributed by both spouses during the marriage. In such cases, the separate property may lose its character as separate and become subject to equitable distribution.
If the husband made financial contributions, such as paying taxes, repairing, or upgrading the properties during the marriage, those contributions might be considered marital assets and could potentially affect the division of property in the divorce.
The division of property in a divorce is subject to equitable distribution, which means that the court will strive to divide marital property fairly, though not necessarily equally. Various factors are considered, including the duration of the marriage, the contributions of each spouse, the needs of each party, and more.
Marco Caviglia agrees with this answer
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