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)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
