No divorce will be complete without dividing assets and property that do not belong as separate property. If you are coming to this difficult part of the overall divorce process, turn to Hedayati Law Group, P.C. for legal assistance from a team of Long Island family law attorneys you know you can trust. We bring 80+ years of collective legal experience to each case we handle and our past clients rave about our skills, ethics, compassion, and intent on keeping their best interests in focus.
Call (631) 880-6440 today and we can tell you more about property division.
New York is one of many states in the country that uses equitable division or distribution rules. The concept of equitable distribution is that both spouses in a divorce will get pieces of marital property based on what is fair, not on what is equal. Determining “fairness” is completed by the overseeing family law court, which will review how each spouse contributed to the marriage and what each spouse requires to live comfortably after divorce.
Assets that can be divided by equitable division include:
Since most high-ticket items cannot actually be physically divided, they require an appraisal to get an understanding of their dollar value. This value is what will be considered when deciding how to distribute items.
Anything that you own before you became married is considered separate property, or something that does not get divided by equitable distribution. You can also acquire separate property while married, such as special gifts or inheritances. Keep detailed records of any separate property if you want to hold onto it as your divorce progresses.
On the other hand, separate property can turn into marital property under certain conditions. If your ex-spouse contributed heavily to the value of a piece of separate property, it will likely become marital property subject to distribution. For example, a stay-at-home spouse may have a claim to the home for maintaining it for years, even if that real estate belonged only to their spouse before they married.
Other factors that could influence a property’s status include:
Property division comes down to proof of ownership and the persuasiveness of arguments. Both of these contributing factors can be influenced strongly in your favor by retaining the services of our Long Island family lawyers. With our assistance, we can help you get your paperwork in order and create a case that shows why you deserve certain pieces of your marital assets more than your ex-spouse.
Free consultations are available – schedule one at your first opportunity.