Brian D. Perskin & Associates

What Is Separate Property?

Many times individuals enter marriage with their own separate property. The Divorce laws in New York allow for individuals getting divorced to keep their separate property. However, it is difficult in long term marriages to determine it certain property is truly separate. Divorce litigants are required to trace their assets. A recent case in the third department is very informative. I suggest you read it.....

Supreme Court, Appellate Division, Third Department, New York.

Gwen CHERNOFF, Respondent,

v.

Michael S. CHERNOFF, Appellant.

July 13, 2006

Before: MERCURE, J.P., CARPINELLO, MUGGLIN, ROSE and KANE, JJ.

MUGGLIN, J.

Appeal from a judgment of the Supreme Court (Peckham, J.), entered November 30, 2005 in Delaware County, ordering, inter alia, equitable distribution of the parties' marital property, upon a decision of the court.