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Married Person’s Domicile

When a couple gets married, sometimes clarification is required as to what property is owned by the couple together, by the husband individually, and by the wife individually. While historically married women could not own property, the laws changed long ago. Now the law makes it clear that married women can indeed own both real property and personal property.

This means while the couple may own a lot of property jointly, each spouse can also own both personal and real property individually. The issue of property ownership can become a point of contention if the marriage does not work out and the couple divorces.

With over 20 years of experience, we have the skill and knowledge to represent your interests in matters related family, divorce, asset division, spousal support, spousal maintenance, and child support. Her husband does not have the right to control that property or to dispose of the property.

In addition, her husband does not have the right to use the property to pay his debts. Although the statute specifies that women can hold solely owned property, the same principal applies to men. In other words, the statute permits each spouse to hold, control, encumber, or dispose of separate property. However, keep in mind that New York is an equitable distribution state.

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