New York Marital Property Laws for Debt Collectors & Judgment Creditors
New York is a common law property state with strong tenancy by the entirety protection for jointly held marital real estate and a $170,825 homestead exemption (varies by county — NYC area counties up to $170,825). New York has significant wage execution restrictions and one of the more complex enforcement environments in the nation, but its extraordinary concentration of financial services, media, technology, and professional wealth creates enormous enforcement opportunity for creditors who understand the rules.
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Table of Contents
- New York Marital Property Overview
- Tenancy by the Entirety in New York
- New York’s Variable Homestead Exemption
- Common Law Property Rules
- Spousal Liability for Debts
- New York Wage Execution Rules
- Judgment Liens on Real Property
- Bank Levies & Personal Property
- New York Property Exemptions
- Skip Tracing Married Debtors in New York
- Step-by-Step Enforcement Roadmap
- Frequently Asked Questions
- Related Resources
🏙 New York Marital Property: The Creditor’s Overview
New York is a common law property state governed by the New York Consolidated Laws (CPLR, Debtor and Creditor Law, Real Property Law). New York recognizes strong TBE protection for jointly held marital real estate, and provides a homestead exemption that varies significantly by county — ranging from $89,975 in upstate rural counties to $170,825 in New York City’s five boroughs, Nassau, Suffolk, Rockland, Westchester, Putnam, Orange, and Dutchess counties. New York also places procedural restrictions on wage execution for consumer debts that creditors must navigate carefully.
Despite these protections, New York’s enforcement environment offers extraordinary opportunities: NYC real estate values far exceed even the $170,825 homestead cap (a $2M Manhattan co-op has $1.83M+ of equity above the cap), investment and vacation properties have no TBE and limited homestead protection, and New York’s massive financial services, media, law, and technology workforce generates some of the highest wages in the world for garnishment purposes.
🔒 Tenancy by the Entirety in New York
New York recognizes tenancy by the entirety for real property held jointly by married spouses (N.Y. Real Property Law). A single-spouse judgment cannot be enforced against TBE real property. New York TBE is limited to real property — bank accounts and personal property do not receive TBE status.
New York TBE: What It Means for Creditors
- Jointly held marital real estate is TBE-protected — single-spouse creditor cannot force sale
- TBE destroyed when both spouses are jointly liable — joint judgment eliminates TBE protection
- TBE ends at divorce — property converts to tenancy in common; debtor’s 50% directly reachable
- New York TBE does NOT extend to bank accounts — joint accounts reachable for debtor’s share
- Co-ops and condominiums: TBE applicability in NYC co-ops is fact-specific — consult NY counsel
- Investment and vacation properties (Hamptons, Hudson Valley, Catskills): often individually titled — no TBE, homestead limited if not primary residence
- TBE destruction: obtain joint judgment via NY Family Court spousal support obligation or joint contract
🏠 New York’s Variable Homestead Exemption by County
New York’s homestead exemption (N.Y. CPLR §5206) varies significantly by county. New York City (all 5 boroughs), Nassau, Suffolk, Rockland, Westchester, Putnam, Orange, and Dutchess counties receive $170,825. All other New York counties receive $89,975. Given that NYC real estate routinely sells for $500,000–$5M+ even for modest apartments, and suburban Nassau/Suffolk/Westchester homes routinely carry $400,000–$2M+ in equity, the homestead cap is crossed quickly.
- 🏙NYC (all 5 boroughs) + Nassau, Suffolk, Rockland, Westchester, Putnam, Orange, Dutchess: $170,825
- 🏘All other New York counties (upstate): $89,975
- 🏕Vacation/investment properties: if not primary residence, homestead may not apply — consult NY counsel
- 🏠NYC co-ops: homestead applicability is complex — proprietary leases vs. real property classification
- 🔥Hamptons, Hudson Valley, Catskill properties: often individually titled with no or limited homestead protection
⚖️ Common Law Property Rules for Creditors
| Asset Type | Creditor Reach | Notes |
|---|---|---|
| Debtor’s wages | Restricted execution (see below) | NY wage execution has specific procedural requirements and income-based limits |
| Individual bank account | $1,716/month protected | NY CPLR §5222-a: 2x monthly federal minimum wage floor exemption |
| Joint bank account | Debtor’s share (above exempt floor) | No TBE for NY bank accounts; $1,716/month exemption applies |
| TBE real property (jointly held marital) | TBE Protected | Single-spouse cannot force sale |
| NYC/suburban primary residence (above $170,825) | Reachable above $170,825 | NYC condos/co-ops at $1M+ carry enormous above-homestead equity |
| Upstate primary residence (above $89,975) | Reachable above $89,975 | Upstate NY homestead cap is lower |
| Investment / vacation property (Hamptons, Hudson Valley) | Reachable above homestead if primary | If not primary residence: no homestead protection; no TBE if individually titled |
| Vehicle (individually titled) | Reachable above $4,550 | $4,550 vehicle exemption — NYC market vehicles often exceed threshold significantly |
👩⚖️ Spousal Liability for Debts in New York
New York common law generally protects each spouse from the other’s individual debts. N.Y. Family Court Act §412 and N.Y. General Obligations Law create mutual liability for certain necessaries and family expenses.
- 📄Joint contracts — both spouses co-signed
- 🏥N.Y. Family Court Act §412 — duty of support including necessaries (medical care, housing, household expenses)
- 💳Joint credit accounts — both spouses named account holders
- 🏠Joint mortgage — both spouses signed bond/note and mortgage
- 💼Joint business guarantees
💰 New York Wage Execution Rules
New York’s income execution (wage garnishment) is governed by CPLR §5231 and has important restrictions beyond the federal CCPA. New York uses a two-step process: first, the debtor must be served with an income execution and given an opportunity to pay; second, if the debtor fails to pay, the execution is then served on the employer. New York also has a “disposable earnings” exemption based on 30 times the greater of state or federal minimum wage that can exceed the standard 75% federal floor for lower-income earners.
New York Wage Execution: Key Rules
- Two-step process: serve debtor first, then employer if debtor doesn’t pay voluntarily (CPLR §5231)
- 10% of gross wages maximum (not 25%) if debtor earns below a certain threshold — consult NY counsel
- For higher earners, 25% of disposable earnings cap applies consistent with federal CCPA
- New York minimum wage (currently $16/hour or above depending on county) — above-federal minimum means lower earners get additional protection
- Bank account exemption: $1,716/month (2 months of federal minimum wage) protected in any NY bank account, even individually owned — must be left in account
- Major New York employers: JPMorgan Chase (NYC), Goldman Sachs, Morgan Stanley, Citigroup, BlackRock, Bloomberg LP, Google (NYC campus), Amazon (NYC/LIC), Meta (NYC), Apple (NYC), Verizon (NYC HQ), Pfizer (NYC), NBCUniversal/Comcast, The New York Times, Deloitte, Ernst & Young, KPMG, PricewaterhouseCoopers, Memorial Sloan Kettering, NY-Presbyterian Hospital, NYC Health + Hospitals
- Wall Street financial sector: Goldman Sachs, JPMorgan, Morgan Stanley, hedge funds, private equity firms — some of the highest-paid employees in the world
- NYC technology: Google, Amazon, Meta, Apple, Spotify, Etsy, Squarespace, WeWork — rapid tech sector growth post-2010
- Law firms: NY is home to the largest law firms in the world — partners and senior associates earn $500K–$5M+
New York: TBE + Homestead on the Primary Residence — But NYC Equity Above Cap Is Massive
TBE and the homestead cap protect the primary residence up to a point — but a $2M NYC condo has $1.83M above the $170,825 homestead. Hamptons and Catskill investment properties often individually titled. Wall Street wages are extraordinary garnishment targets. Results in 24 hours.
🔍 Start New York Skip Trace Now🏠 Judgment Liens on New York Real Property
New York judgment liens on real property are created by filing a certified transcript of judgment with the County Clerk in each county where the debtor owns real property (N.Y. CPLR §5203). New York has 62 counties. The homestead exemption applies to the primary residence up to the applicable county amount, but equity above the cap is encumbered. Investment and vacation properties with no TBE are fully encumbered subject only to the homestead if applicable.
- Obtain certified transcript of judgmentFrom the New York Supreme Court or other court of record. For out-of-state judgments, domesticate in New York Supreme Court under N.Y. CPLR §5402 et seq. (Uniform Enforcement of Foreign Judgments Act).
- File transcript with County Clerk in each relevant countyNew York requires county-by-county filing (unlike NJ’s statewide system). File in each of New York’s 62 counties where the debtor holds real property. NYC debtors may own property in Manhattan (New York County), Brooklyn (Kings County), Queens (Queens County), Staten Island (Richmond County), and/or the Bronx (Bronx County) — these are five separate county filings.
- NYC properties: identify above-homestead equityManhattan co-ops and condos routinely exceed $500K–$5M+. Brooklyn brownstones, Queens houses, and Bronx multifamilies carry substantial equity above the $170,825 homestead cap. A $1.5M Greenwich Village condo has $1.33M of accessible above-homestead equity.
- Hamptons, Hudson Valley, Catskills: identify TBE vs. individually titled vacation propertyHamptons properties (Southampton, East Hampton, Sag Harbor) routinely reach $2M–$20M+. Hudson Valley (Columbia, Dutchess, Greene, Ulster counties) and Catskills vacation properties are increasingly valuable. If individually titled and not the primary residence, these properties are prime enforcement targets.
🏢 Bank Account Levies & Personal Property in New York
- 📋Obtain a restraining notice and/or execution from the court
- 🏢Serve execution on financial institutions through the county Sheriff
- 👥$1,716/month (approximately $3,432 over two months) automatically protected in any NY bank account
- 💵Above the $1,716/month floor: non-wage deposits (rental income, investment income, business distributions) reachable
- 💰Federal benefits: protected for 2 months of direct deposits under federal law (in addition to NY exemption)
- 🚘$4,550 vehicle exemption — NYC vehicles often worth significantly more
🛡️ New York Property Exemptions
| Exemption Type | Protected Amount | Key Notes |
|---|---|---|
| 🏠 Homestead (NYC + suburban counties) | $170,825 equity | NY CPLR §5206 — NYC 5 boroughs, Nassau, Suffolk, Rockland, Westchester, Putnam, Orange, Dutchess |
| 🏠 Homestead (other NY counties) | $89,975 equity | All other upstate New York counties |
| 💼 Wages | See restrictions | NY CPLR §5231 — two-step process; 10% gross or 25% disposable depending on income level |
| 💰 Bank accounts | $1,716/month (approx. $3,432 floor) | NY CPLR §5222-a — automatic bank account exemption even on individual accounts |
| 🚘 Motor Vehicle | $4,550 equity | One vehicle |
| 🛍️ Household goods | $11,375 total | NY CPLR §5205 — relatively generous household goods protection |
| 🔧 Tools of trade | $3,400 | Implements for debtor’s profession |
| 💰 Federal benefits | Unlimited | Social Security, SSI, VA |
| 👴 Retirement accounts | Unlimited | ERISA-qualified and NY state retirement (NYSTRS, NYSLRS) |
| 💊 Life insurance | $11,375 cash value | NY Ins. Law §3212 — limited cash value; death benefits broader |
🔍 Skip Tracing Married Debtors in New York
New York’s 62 counties include the world’s financial capital (Manhattan/New York County), the densely populated NYC boroughs (Brooklyn/Kings, Queens, Bronx, Staten Island/Richmond), the Long Island suburbs (Nassau and Suffolk), the Hudson Valley (Westchester, Rockland, Putnam, Orange, Dutchess, Ulster, Columbia, Greene), the Catskills and Adirondacks, and a vast upstate region (Albany, Syracuse, Rochester, Buffalo). New York City alone contains more people than most states, and its real estate values are among the highest on Earth.
📋 Step-by-Step: Collecting from a Married New York Debtor
- File certified judgment transcript with County Clerk in each relevant county62 NY counties — search and file in each county where the debtor holds real property. NYC debtors may require filings in all five borough counties separately. Identify TBE vs. individually titled property and homestead-eligible vs. non-homestead-eligible property. Use our professional asset search.
- Target above-homestead equity — NYC and suburban homesNYC condos, Brooklyn brownstones, Westchester and Nassau County homes commonly have $200K–$2M+ of equity above the homestead cap. Record the lien and monitor for voluntary sale or refinancing. See our judgment lien guide.
- Serve income execution — two-step NY processServe income execution on the debtor first (20-day response period), then on the employer if no voluntary payment. Wall Street, Big Tech, and legal sector wages are extraordinary garnishment targets. Engage NY counsel for the specific income execution procedure. 25% of disposable earnings for higher-income earners.
- Serve bank execution — note the $1,716/month automatic exemptionBank executions through the county Sheriff. Note that NY automatically protects $1,716/month in any bank account. Target accounts receiving rental income, investment distributions, and partnership income above the exempt floor. See our asset levy guide.
- Target Hamptons / vacation property if individually titledHamptons, Hudson Valley, and Catskill vacation properties held individually and not used as a primary residence may have no or limited homestead protection. These are exceptional enforcement targets. Confirm title structure and primary residence status with NY counsel.
Frequently Asked Questions
🏙 Ready to Enforce Your New York Judgment?
TBE and homestead protect primary residences up to a point, but NYC real estate equity above $170,825, Hamptons vacation properties, and Wall Street wages provide extraordinary enforcement opportunity. Navigate the two-step income execution and $1,716 bank exemption with experienced counsel. All 62 NY counties — results in 24 hours or less.
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