2014 New York Laws
EPT - Estates, Powers & Trusts
Article 6 - CLASSIFICATION, CREATION, DEFINITION OF, AND RULES GOVERNING ESTATES IN PROPERTY
Part 6 - (6-6.1 - 6-6.7) DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH
6-6.2 - Rebuttable presumptions

NY Est Pow & Trusts L § 6-6.2 (2014) What's This?
6-6.2 Rebuttable presumptions

In determining whether this part applies to specific property acquired during a marriage by a spouse of that marriage the following rebuttable presumptions apply:

(a) Property acquired while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or have become, and remained, property to which this part applies; and

(b) Property acquired while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this part applies.


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