Legal Question in Family Law in New York

Re: community property in marriage

New York is not a community or commonlaw marital property state.

As indicated in the prior attorney's response, NY is an "equitable property" state. "Equitable" does not mean "Equal."

Thus, there is no set or certain [50%] share or interest a spouse has or is entitled to receive upon divorce, from the other spouse, of "marital"

Whether property held jointly or separately, by a married couple is deemed "marital property," subject to equitable distribution, is made by a Court, not the individual parties.

Therefore, absent a Court Order, NY does not give a spouse authority to dictate to the other spouse what they can or cannot do with respect their real or personal property,during the course of the marriage.

Good luck,

Re: community property in marriage

Under New York's equitable distribution law it does not matter whose name a particular piece of property is in - the question is whether it is what the law considers "marital property" - which is anything acquired during the marriage. Also, under most circumstances, a portion of the value of property that either party had prior to the marriage becomes marital property, for example, if a house is owned by the husband before the marriage, but the mortgage is paid during the marriage out of marital funds, the wife has a claim to some of the increase in value that took place during the marriage.

The law here is complicated, so it's best to consult with an experienced matrimonial lawyer.

If I can help, please feel free to get in touch.