Separate property is defined as any and all real or personal property owned or obtained prior to the marriage. It also includes any property obtained via inheritance during the marriage that came from someone other than your spouse. Compensation awarded to you during the marriage for personal injuries is also separate property if not for lost wages or earning capacity.
Other separate property items include:
– Property acquired in exchange for separate property during a marriage.
– Any and all property described or labeled as separate property in a written agreement between both parties of the marriage.
– Increase in value of your separate property during marriage unless the increase was due to the efforts of your spouse.
Separate property will remain your property after a divorce and the same goes for your spouse and their separate property. If you and your spouse are having trouble determining what items are separate property and what items are marital property, a judge in a family law court will be able to make the determination for you.
Joseph S. Gulino, Jr., Esq., PLLC is an experienced divorce attorney in Westchester County, New York, and can explain property division to you and help you with a divorce.
Call the Law Offices of Joseph S. Gulino, Jr., Esq., PLLC at (914) 292-9272 for a consultation.