Credit: Adobe Stock Indirect Appreciation of Separate Property
In his Law and the Family column, Joel Brandes examines the situation when a spouse claims that the separate property of the other spouse has appreciated in value during the marriage and that the appreciation is marital property to which he or she is entitled to a share.
September 28, 2022 at 12:00 PM
12 minute read
Family Law
Under the Equitable Distribution provisions of the Domestic Relations Law marital property" is construed broadly to give effect to the 'economic partnership' concept of the marriage relationship. By contrast, "separate property," an exception to marital property, is construed "narrowly. All property acquired by either or both spouses during the marriage, unless clearly separate, is presumed to be marital property, regardless of whose name title is taken. Fields v. Fields, 15 N.Y.3d 158 (2010).
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