The increase in value of a titled spouse's separate property is subject to equitable distribution as marital property “to the extent that such appreciation is due in part to the contributions or efforts of the other spouse.”
Appreciation in Separate Real Property As Marital Property
The increase in value of a titled spouse's separate property is subject to equitable distribution as marital property "to the extent that such appreciation is due in part to the contributions or efforts of the other spouse." D.R.L. ' 236 (B)(1)(d)(3). The Court of Appeals has repeatedly determined that a broad interpretation be given to this exclusion so as to favor the inclusion of such appreciation as marital property: "We hold that under the Equitable Distribution Law an increase in the value of separate property of one spouse, occurring during the marriage and prior to the commencement of matrimonial proceedings, which is due in part to the indirect contributions or efforts of the other spouse as homemaker and parent, should be considered marital property.
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Michael B. SolomonThis premium content is locked for LawJournalNewsletters subscribers only
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