Are spouse's assets protected without an LLC?

[John Martin]

Hello BP,

I'm looking to start my adventure into rental real estate investing and had a question about using an LLC.

I would like to avoid using one until I've got a couple of properties under my belt as I'd intend on using conventional loans and my current assets are modest.

However, my wife has significant holdings in real estate and stocks/bonds that were acquired prior to our marriage.

If all of our future real estate purchases are in my name, are my wife's assets protected or are we viewed as a single "legal entity"?

I imagine this will depend on the state and I intend on consulting with a lawyer but I wanted get a general idea regarding all this before I did that.

I should note we reside in NY and will more than likely be investing in PA.

Also, when the time comes to set up an LLC, would you want to do it in the state in which you reside or the state in which your properties are located?

Thank you for your help!