Legal Question in Family Law in New York

Re: ''property''

Congratulations on finding a new partner and finding stability and love in your life.

You are correct, the 'matrimonial estate' is established at the time of legal separation. (were you separated pursuant to an agreement?)

or by the filing of divorce.

But there are exceptions and intricacies on this matter. For example, the house may be considered 'proceeds' traceable from the marriage estate.

My answer is a good, general answer. But your case may not be covered by the 'general answer'. This is what lawyers do. We know the general law, but also the details which often decide cases. You could email me more facts or make an appointment for a consultation and I can give you a specific answer for your case.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Re: ''property''

In NY, ALL property and assets purchased OR acquired during the marriage, is presumed to be marital property. This presumption is rebuttable. It may be [dis]proved by evidence that the non titled spouse did not make ANY contribution, directly or indirectly, to the acquisition of the property or asset.

An indirect contribution could be that "marital" funds were used to purchase or acquire the property.

However, since you have been apart from your spouse for a few years, (and, hopefuly both of you, entirely self supporting; and without outstanding support obligations of record), it is unlikely that your spouse, has an interest in your recently purchased property.

GOOD LUCK.