Legal Question in Family Law in New York

Re: gifted property

This is a tricky question. If spouse is gifted or inherits property, and they do not comingle it with the marital funds, it will most likely be found to be separate property. If comingled, it could be determined to be marital.

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Re: gifted property

No. In NY it is not presumed to be "Joint Property to be divided in a divorce proceeding."

Although, as indicated, it can be changed from "separate property" to "marital property" subject to distribution in a divorce, under certain circumstances.

Good luck,

Re: gifted property

Depends. Before answering need to know;

1.Who gifted it(other Spouse, a parent)?

2.What type of property (cash, jewelry, real estate, car, etc.)?

3.How was title held?