New York Divorce Law...

New York Law - What is "Separate Property?"

Separate property is any of the following:

• Property acquired before marriage.
• Property acquired by inheritance.
• Property acquired by gift from someone other than the spouse.
• Compensation for personal injuries.
• Property acquired in exchange for separate property.
• The increase in value of separate property (such as stock appreciation, interest, or real estate appreciation). But this appreciation is marital property to the extent that it is due in part to the contributions or efforts of the other spouse .
• Property described as separate property by written agreement of the parties under subdivision three of this part

Section 236.B.1.d.

Cases:

Kniffen (1992) 578 NYS2d 552 (home purchased before marriage by one spouse remains separate property, as long as no marital funds contribute).

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