Division Of Property Lawyer New York, NY

NYC Separate Property

Marital property is the debts and assets that were obtained by either spouse as they were married, regardless of whose name is on the property title. Separate property by comparison, is the debts and assets collected by each spouse before they had gotten married, any personal injury awards, inheritances, and more. If a divorce were to happen, separate property is not usually subject to division. Liabilities and assets are valued based on fair market value at the time of divorce and may require appraisals for businesses, real estate, personal property, and debt assessment.

Hiding Assets During Divorce

As tempting as it may be, it may work against you to attempt to hide assets during your divorce. Unfortunately, it is not uncommon for a spouse to try to conceal assets in order to avoid having it undergo equitable distribution. If you are concerned about certain assets being divided or taken by your spouse, then please reach out to our division of property attorney for advice. We can help you strategize on how to keep these assets for yourself, if that is at all possible. Or you may be able to negotiate giving your spouse other assets in exchange for keeping those you value the most. To talk further about your concerns, contact our law firm today.

Establishing A Post-Nuptial

Most people have heard of a prenuptial agreement. However, there is also a concept called a postnuptial agreement. A well-drafted post-nuptial agreement can specify how certain assets should be divided in the event of a divorce. In this way, you could potentially shield specific assets from equitable distribution based on NYC law. It is essential that your postnuptial documentation meets all of the legal criteria for enforcement.

Law Office Of Daniel Clement

Divorce in itself can be difficult enough. You may also be worried about how your assets and debts will be divided during the equitable distribution process. For immediate assistance with your divorce, please contact our NYC division of property attorney. Our team at the Law Office of Daniel Clement is ready to speak with you.

Division Of Property Lawyer New York, NY

New York holds an “equitable division” of marital property in a divorce, not equal (50/50). Property acquired during the marriage will be equitably divided between the couple. However, New York also preserves the status of inheritances and separate property. Property acquired before marriage or through inheritance is usually considered separate and, therefore, not divided.

However, what you believe is an equitable division, what your spouse believes is equitable, and what an NYC family law judge will determine to be an equitable split are often quite different to ensure that you preserve as much of your assets as possible in a divorce, work with an experienced New York, NY, division of property lawyer. At the Law Office of Daniel Clement, we support your interests, and yours alone, in a divorce. Contact us today, so we can get started advocating for you.

How A New York Division Of Property Lawyer Can Protect Your Assets

Our attorneys are committed to ensuring the equitable division of marital property. Because New York law stresses fair division, not splitting down the middle, how to quantify “fair” properly becomes a bone of contention in many divorces. We’re here to ensure that you are treated fairly throughout the process and that all your contributions to the marriage and household, both economic and intangible, are recognized and properly valued.

We understand how stressful this time is for you, threatening both your emotional state of mind and material security. As such, we get to know you, what’s most important to you, and what you can comfortably let go of in divorce negotiations. We represent you in mediation and negotiations with your soon-to-be-ex-spouse and seek to avoid taking your divorce to trial. However, we’re aggressive litigators, and prepare with an eye towards trial in mind, in case we cannot help you achieve a compromise with your spouse.

Dividing Marital Property In New York

In an equitable division state like New York, NYC family law judges divide marital property fairly, although “fair” isn’t always “50-50.” New York family law judges consider several factors when determining an equitable division of property, such as:

• How long you were married
• The earning potential of both spouses
• The current employment and earning power of each spouse
• Any separate property possessed by either spouse
• Whether there was wasteful use of marital assets (such as gambling, drugs, or an affair)
• Care and responsibility for children

Our lengthy experience and deft skill with complex financial matters mean our attorneys possess the right qualifications to deliver superb representation. We can properly value complex holdings, such as real property or retirement investments, or determine the value of a family-owned business. We also employ experts as needed, such as forensic accountants, to unearth hidden assets or deferred income.

Our firm has strong relationships with other experts, such as real estate agents, specialty appraisers (for jewelry, antiques, or other hard-to-value property), actuaries, and pension evaluators.

Consult With Our Asset Division Attorneys Today

At the Law Office of Daniel Clement, we strive to protect the emotional and financial interests of our divorcing clients. We support your interests and provide vigorous, personalized divorce representation to help you get through this difficult time in your life and move forward to a positive future. Contact us today to see how well a New York division property lawyer from our firm can advocate for you.

What Our Clients Say

Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!

– Felipe R.

Law Office Of Daniel Clement

112 Madison Ave Suite 800
New York, NY 10016