My question involves a marriage in the state of:New York
I am getting conflicting information regarding my claim to separate property during my marriage. I received a gift in the form of a check made out in my name alone. I used it as part of a jointly held real estate purchase. The real estate appreciated in value due to inflation. And I have not intended to gift my gift to the marriage.
1) If the gift was 40% of the purchase price, would 40% of the appreciation be separate property? and 2) Would the original separate property gift be credited to me before the split is calculated? I have found several cases where this concept has been applied.
However, some professionals have told me that the statute DRL 236B(1)(c) states: "Marital property shall not include separate property as hereinafter defined."
I would really appreciate some opinions. My attorney just says it's up to the judge, which is true but not very helpful right now.