Legal Question in Real Estate Law in New York

Re: House after marriage

Since a marriage results in an legal unity between a husband and a wife, any property that is owned by the couple cannot be owned separately. However, the question becomes pertinent in the event of divorce or death. In the divorce scenario, marital properties, which are properties that are acquired during marriage, are subject to division in proportions as the court deems fit. In contrast, legal rights to separate properties, which are properties that are acquired by either spouse before marriage or by gift or inheritance during marriage, remains unaffected. Since the husband brings the house into marriage in the fact provided, he would most likely be able to take it out of marriage. In the event of death of the spouse, the surviving spouse is entitled to one-third of the estate regardless of his or her will (testate) or absence of his or her will (intestate) in New York.