New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 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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