Legal Question in Family Law in New York

community propery law

I will be receiving an inheritance and am comtemplating a divorce. I have been told that the inheritance is not considerd community peoperty (in NYS) and that my husband will not be entitled to any part of it. Is this correct?


Asked on 9/04/06, 11:33 am

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: community propery law

Yes, it is correct that NYS does not consider "heirship" property to be "marital" property.

Also, please note that NYS is not a "community property" state.

Good luck,

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Answered on 9/05/06, 12:24 pm
Seth Kaufman Kaufman PLLC

Re: community propery law

Gifts and inheritances to an individual spouse are that individual's separate property, not subject to equitable distribution in a divorce. However, separate property can become marital property as the result of certain acts, so I suggest that you consult with an attorney ASAP to ensure that you know how to protect the inheritance if you get it while still married.

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Answered on 9/06/06, 10:06 pm


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