← All states

New York: property division

Whether your state is a community property or equitable distribution state, how courts divide marital property, and whether couples can opt in to community property.

Property system	Equitable distribution
How marital property is divided	The court divides marital property fairly, which is not always 50/50, looking at factors such as each spouse's income, contributions and the length of the marriage.
Opt-in community property	No

Separate property (owned before the marriage, or received by gift or inheritance) usually stays with its owner, but mixing it with marital money can change that.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in New York.

Also for New York: Divorce rules by state in New York · Workers' comp deadlines in New York · Workers' comp benefits in New York · Small estate limits in New York · Small claims limits in New York · Homestead exemptions in New York · DUI penalties in New York · Record clearing rules in New York

How we checked this

The nine community property states and the opt-in trust states were compared across five 2026 legal and financial publishers. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   From a statute-cited table one detailed source   Under review sources disagree; read the note and the law.