Which of the following is defined as separate property in NY law?

• A. Property acquired before the marriage, or by bequest, devise, or descent, or gift from someone other than the spouse.
• B. Property acquired during the marriage
• C. Inter-spousal gifts
• D. Appreciation in value due to non-titled spouse

Answer: (A)

Separate property in New York is property that isn’t part of the marital estate for purposes of equitable distribution. The defining sources are clear: property acquired before the marriage, or property obtained during the marriage by bequest, devise, descent, or a gift from someone other than the spouse. These origins keep the asset outside the marital pool.

That’s why the correct item is the one stating property acquired before the marriage, or by bequest, devise, or descent, or by a gift from someone other than the spouse. Property acquired during the marriage is typically marital, inter-spousal gifts are treated as marital, and appreciation in value during the marriage can become marital if the increase is connected to the non-separate property or the spouses’ contributions, rather than staying categorically separate.