If your spouse owned a house, business, or other property before you got married, it is generally considered separate property under New York law. That usually means they keep ownership of the property itself in a divorce. However, that does not always mean you have no claim to its value.

If the property’s value increased during the marriage, part of that increase may be considered marital property if it resulted from the efforts or contributions of the non-titled spouse. For example, helping to pay the mortgage, making renovations together, or helping grow a family business could create a claim to some of the property’s increased value.

Every divorce is different, and the outcome depends on how the property was maintained, improved, and financed during the marriage. If you’re unsure whether a premarital asset could be divided, speaking with a New York divorce attorney can help you understand your rights and how equitable distribution may apply to your case.