N.Y. Estates, Powers and Trusts Law 6-6.2 – Rebuttable presumptions
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§ 6-6.2 Rebuttable presumptions
Terms Used In N.Y. Estates, Powers and Trusts Law 6-6.2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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.