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Assembly Bill A5035

2009-2010 Legislative Session

Includes an inchoate interest of a non-titled spouse in assets acquired during marriage within the definition of marital property

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Archive: Last Bill Status - In Assembly Committee

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2009-A5035 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง236, Dom Rel L

2009-A5035 (ACTIVE) - Summary

Includes an inchoate interest of a non-titled spouse in assets acquired during marriage within the definition of marital property.

2009-A5035 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5035

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. BRODSKY, PAULIN -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the domestic relations law, in relation to including the
  value of certain property within marital property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  c of subdivision 1 of part B of section 236 of
the domestic relations law, as amended by chapter 281  of  the  laws  of
1980, is amended to read as follows:
  c.  The  term  "marital  property" shall mean all property acquired by
either or both spouses during the marriage and before the execution of a
separation agreement  or  the  commencement  of  a  matrimonial  action,
regardless  of  the  form  in  which  title is held, except as otherwise
provided in AN agreement pursuant to subdivision  three  of  this  part.
Marital  property  shall  not include separate property as [hereinafter]
defined IN PARAGRAPH  D  OF  THIS  SUBDIVISION,  BUT  SHALL  INCLUDE  AN
INCHOATE  INTEREST  OF A NON-TITLED SPOUSE IN ASSETS ACQUIRED DURING THE
MARRIAGE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08680-01-9

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