Appreciation

Property & Assets

The increase in value of property during marriage, which may be classified as marital or separate depending on the cause.

Example

The court determined that the appreciation of his premarital home was due to market forces, not marital efforts.

Jurisdiction Variations

NEW-YORK

Active vs. Passive Appreciation

New York distinguishes: active appreciation (from marital effort) is divisible; passive (market) is separate

NEW-JERSEY

Active vs. Passive Appreciation

New Jersey similarly distinguishes active from passive appreciation

separate-propertymarital-propertydate-of-valuation