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What is Marital Property?

by Seth Azria on 12/26/2018

Under the New York equitable distribution law, marital property, generally speaking, is all property that has come into the marriage commencing with the date of the marriage and continuing until the date the divorce action is filed with the court or the parties execute a written property settlement agreement, regardless of the form in which the title is held. 

Exceptions to the martial property rule is property acquired by the husband or wife during the marriage from inheritance, proceeds of a personal injury case, and assets excluded by a formal agreement between the parties, e.g. a prenuptial or postnuptial agreement.





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