Separate Property and Prenups in New York

Start with what each person owns

Create a clear inventory of premarital real estate, investments, retirement accounts, businesses, cash, valuable personal property, and other interests.

Define what happens to appreciation

Couples often want clarity about passive growth, active appreciation, reinvested income, mortgage reduction, improvements, and contributions made during marriage.

Avoid accidental ambiguity

Commingling, retitling, joint accounts, refinancing, and using marital funds can complicate characterization questions. The agreement should coordinate with how the parties expect to manage assets in practice.

State property law matters

New York uses its own marital-property framework, so the agreement should be drafted with local property law in mind.