Legal Question in Family Law in New York

marital property or separate property?

I am filing for divorce. When I got married i kept the same checking account and saving account that I had before the marriage. every month i received my paycheck on my checking account, i transfered a part of my paycheck from my checking account to my saving account. I supposse that by doing this the whole account became marital property, am i wrong? Before getting married my parents wired me some money as a gift to me on my saving account. Is this amount also marital property? If I can prove that that amount has been gifted to me by my parents before marriage with a bank statement will this be considered separate property? or will the whole account be subject to the equitable ditribution law?

I also received jewelry from friends and relative during marriage is this marital property or separate property?


Asked on 5/03/07, 7:30 am

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: marital property or separate property?

In NYS property is presumed "marital property" unless the party disputing this can prove that the property in question is "separate". In this particular case there seems to be the possibility of "transmutation" of assets. THis can only be determined by exploring the facts surrounding the case. Each case is very different. If you are ready to proceed you should speak with an attorney. visit me at www.traceyabloodsaw.com

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Answered on 5/03/07, 7:52 am


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