FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
If a car is given to me as a gift by my mother while I'm married, can my husband have any claim to it whatsoever, (monetarily or otherwise), if we divorce? (I live in New York.)
In the State of New York, marital properly is generally defined as any property or asset acquired during the course of the marriage, regardless of in whose name the property is held, except for property received by gift or inheritance. Therefore, if your mother expressly gives you the car, and the car is registered in your name only, and your husband does not contribute to the upkeep of the car, the car will be deemed separate property, and not marital property, and he would have no interest in such automobile in the event of a subsequent divorce.
Leonard M. Weiner, Esq./Divorce Solutions