Southampton Property Division Attorneys

Helping You Divide Your Assets in a Divorce

When you and your spouse decide to get a divorce, you will need to divide your property. This can be a difficult and contentious process, especially if you and your spouse have a lot of assets. At Hedayati Law Group P.C., we understand how important it is to protect your financial interests during a divorce. Our Southampton property division lawyers can help you understand your rights and work to ensure that you receive a fair share of your marital property.

For more information about how we can help you with property division, call (631) 880-6440 or contact us online.

What Is Marital Property?

When you get a divorce, you will need to divide your marital property. Marital property is any property that you and your spouse acquired during your marriage. This includes property that you acquired together, as well as property that you acquired separately. For example, if you and your spouse bought a house together, that house is marital property. If you bought a car before you got married, but you and your spouse used it during your marriage, that car is also marital property.

Marital property can include:

• Homes
• Cars
• Bank accounts
• Retirement accounts
• Businesses
• Stocks and bonds
• Artwork
• Jewelry

Marital property does not include property that you acquired before you got married. It also does not include property that you acquired during your marriage through an inheritance or a gift. This property is considered separate property, and you will be able to keep it after your divorce.

Separate property can include:

• Property that you owned before you got married
• Property that you acquired during your marriage through an inheritance or a gift

Separate property can become marital property if you and your spouse commingle it with your marital property. For example, if you put money that you inherited into a joint bank account with your spouse, that money will become marital property. If you use money that you inherited to pay for your marital home, that home will become marital property.

How Is Property Divided in a Divorce in New York?

New York is an equitable distribution state. This means that, when you get a divorce, your marital property will be divided in a way that is fair, but not necessarily equal. The court will consider a number of factors when determining how to divide your property, including the length of your marriage, the age and health of you and your spouse, and the income and property of you and your spouse. The court will also consider whether you and your spouse have a prenuptial or postnuptial agreement.

Some of the factors that the court will consider when dividing your property include:

• The length of your marriage
• The age and health of you and your spouse
• The income and property of you and your spouse
• Whether you and your spouse have a prenuptial or postnuptial agreement

If you and your spouse are able to agree on how to divide your property, the court will generally approve your agreement. If you and your spouse are not able to agree, the court will divide your property for you. The court will not consider marital misconduct when dividing your property. This means that the court will not consider whether you or your spouse had an affair or committed another act of marital misconduct when dividing your property.

How Can a Property Division Lawyer Help?

When you get a divorce, you will need to divide your property. This can be a difficult and contentious process, especially if you and your spouse have a lot of assets. A property division lawyer can help you understand your rights and work to ensure that you receive a fair share of your marital property.

For more information about how we can help you with property division, call (631) 880-6440 or contact us online.