Premarital Cohabitation and Property Division for Same-Sex Couples in New York - Juan Luciano
Notas del episodio
From Juan Luciano Divorce Lawyer - Premarital Cohabitation and Property Division for Same-Sex Couples in New York examines how New York property division laws affect same-sex spouses who built homes, businesses, savings, and other assets together before legal marriage was available. The episode explains the difference between separate property, marital property, and commingled property under New York Domestic Relations Law § 236(B), including why the date of legal marriage often becomes the dividing line in equitable distribution.
Listeners will learn how the Marriage Equality Act, which took effect in New York on July 24, 2011, and the U.S. Supreme Court’s decision in Obergefell v. Hodges shaped property rights for same-sex couples. The discussion explores the “cohabitation gap,” valid out-of-state marriages, premarital contributions, joint mortgage payments, shared investments, home renovations, business growth, inheritance funds, brokerage accounts, and the challenges of tracing assets accumulated over long-term relationships.
The episode also explains how commingling can change the classification of separate property, why the spouse claiming separate ownership must support that claim with reliable documentation, and when forensic accountants may be needed. It covers cohabitation agreements, premarital and marital agreements, active versus passive appreciation, constructive trust claims, jointly titled property, deeds, tax returns, mortgage statements, domestic partnership records, emails, text messages, and other evidence that may help establish financial contributions before and during marriage.
Bronx same-sex divorce attorney Juan P. Luciano, Esq. discusses how these issues may arise in property division, child custody, support disputes, negotiation, and litigation throughout the Bronx, New York City, and all five NYC boroughs. Drawing on his work at Juan Luciano Divorce Lawyer, his service as a former President of the Bronx Family Court Bar Association, and his experience as a certified attorney for children and adults in family-law matters, the episode highlights practical steps for protecting financial interests in cases involving premarital homes, commingled assets, long-term cohabitation, and equitable distribution.
Juan Luciano Divorce Lawyer - Bronx
187 E 163rd St, Bronx, NY 10451
(718) 519-8336