When we got married, my spouse already owned a house, but during our marriage, we renovated it extensively and added significant value to the property. We also purchased a car together and opened a joint savings account. Now that we’re divorcing, I’m unsure which of these assets are considered marital property and how they will be divided. What exactly constitutes marital property, and how is it divided during a divorce?
1 Answers
Michael, you’re asking a great question, and the answer comes down to New York’s equitable distribution laws. In New York, property in a divorce is categorized as either separate property or marital property, and only marital property is subject to division.
What’s Marital vs. Separate Property?
Separate Property – Anything one spouse owned before the marriage or received as a gift or inheritance during the marriage (as long as it wasn’t mixed with marital assets).
Marital Property – Almost everything acquired during the marriage, regardless of whose name is on it.
Now, let’s break down your specific situation.
The House (Owned by Your Spouse Before Marriage)
Since your spouse owned the house before you got married, the house itself is considered separate property. However, because you made significant renovations during the marriage, the increase in value of the home due to marital efforts can be considered marital property.
What does this mean?
You may have a claim to a portion of the increased value of the home, especially if marital funds (shared income, joint savings, etc.) were used for renovations.
If the renovations were funded entirely by your spouse’s separate money, it may remain separate property.
The Car (Purchased Together During Marriage)
If the car was bought during the marriage, it is marital property, even if only one spouse’s name is on the title. In a divorce, one of you will likely keep the car, but the other may be entitled to compensation for their share of its value.
A joint savings account is marital property, unless one spouse can prove that specific deposits were from a separate source (such as an inheritance or premarital savings). Otherwise, the funds in the account will typically be split fairly, though not necessarily 50/50.
How Is Marital Property Divided?
New York follows equitable distribution, which means property is divided fairly, but not always equally. The court looks at:
Each spouse’s financial contributions (who earned what, who paid for what).
Each spouse’s non-financial contributions (did one spouse handle childcare while the other built a career?).
The length of the marriage and each spouse’s future financial situation.
Whether one spouse will receive spousal support (alimony).
What You Should Do Now
📌 Gather all financial records related to the house, renovations, car, and savings account.
📌 Get a valuation on the home and car to understand their current worth.
📌 Talk to a divorce attorney to ensure you get your fair share—especially regarding the increased home value.
You may be entitled to more than you think, and a lawyer can help you negotiate a fair settlement. Let me know if you need help navigating this process!
This answer was generated by AI and is not 100% legal advice. For reliable support, consult one of our attorneys who understand the complexities of your case and can help you achieve a positive outcome.
