Laws of New York (Last Updated: November 21, 2014) |
EPT Estates, Powers and Trusts |
Article 6. CLASSIFICATION, CREATION, DEFINITION OF, AND RULES GOVERNING ESTATES IN PROPERTY |
Part 6. DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH |
Section 6-6.2. Rebuttable presumptions
Latest version.
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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.