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Divorce can be a difficult prospect for any couple to handle. This fact applies in particular when couples are fighting over property. In New York, many different laws dictate how assets and debts are split up between the partners of marriage.
So if you are going through a divorce and are worried about what you will get, it is important to understand the difficulties of bronx property division. Property division is dictated specifically by state laws put in place years ago and tweaked slightly over the years.
New York Divorce is Dictated by the Equitable Distribution Law
The New York state Equitable Distribution Law was created to help make divorce as fair and equal as possible. This law focuses specifically on dividing up property after a married couple divorces. This law breaks down property into several different types. For example, there is marital property and separate property. Marital property is shared property, such as retirement plans and other sources of shared income.
Separate property is that which was purchased or owned by one person in the marriage. For example, a car bought and paid for by one person is a piece of separate property that they own apart from each other. Typically, property division in the case of a divorce focuses on granting separate assets to the person who owned or purchased it.
When it comes to shared property, however, it can be harder to break up shared ownership in a way that is fair and equitable. This difficulty applies in particular to the challenging aspects of New York property division law. That’s because property division is influenced by many different aspects of divorce law.
Factors To consider When Applying the Equitable Division Standard
The judge will consider a number of factors when applying the equitable division standard. Considerations include who will have primary custody of children and whether spousal maintenance will be awarded in either direction. The unique facts considered in dividing assets and debts are specific to each individual marriage dissolution matter.
Defining the Marital Estate
During a divorce, only marital assets and debts are subject to division. IAs a general rule, this represents property acquired and debts amassed from the date of the marriage up until a point in time associated with divorce proceedings.
Property held outright by a party coming into a marriage will not customarily be considered to be a marital asset. This is also the case for preexisting debt.
There are some exceptions to this rule of thumb, however. For instance, if the marital estate is used to pay off a debt acquired by a party before they married, that use of marital funds needs to be taken into consideration in determining how assets and debts are divided in a divorce case.
New York Laws Can Change
What may surprise many people going through a divorce is the fact that property division laws can be changed and updated. For example, the New York Equitable Distribution Law is a relatively new addition to the law books. Occasionally, it is tweaked to ensure that distribution remains a fair and reasonable practice for everyone.
For example, it is possible that the definitions of shared property could be changed slightly. These changes can massively affect the way that a divorce occurs. While these laws and regulations aren’t updated on a regular basis, it is still possible that lawmakers may decide to change things up occasionally.
When that occurs, it is important to have a professional legal authority take a look at the case and inform you of the ways that property division law affects your divorce. They can also help you better understand where you stand and whether or not you have a strong argument for your divorce.
Common Property Division Questions that May Arise
Owning a Business
If a spouse was the owner of a business coming into the marriage, and then the value of the business went up during the course of marriage, is any portion of the business considered marital property?
The Family Home
If the spouses bought their home together, and the idea of selling it to split up the proceeds between them is impractical, then which spouse can continue to live in the home? Will that spouse have to buy out the other spouse’s share?
If one spouse accrued a great deal of retirement savings during the years of the marriage, is the other spouse entitled to a portion of those savings? If they are, how must those funds be shared?
You should have a lawyer who has experience handling these and a host of other situations that may come up in the property division part of your divorce.
Classifications and Tax Law Matter
When you are going through a divorce, it is important to work through all of your assets with your loved one, identify shared and individual assets, and break down how it affects your taxes.
With each type of property and debt that you receive, your taxes will change. As a result, you may end up in a different tax classification. All of these complex laws and statutes are too difficult for the average person to understand and require a professional to fully understand.
How We Can Help
If you’re currently going through a difficult divorce case, we have your back. We are professional divorce attorneys with years of experience helping people like you succeed in your divorce cases. Our specialists assess the types of property that you and your partner possess and will work to split them up in a way that is fair to both you and your partner.
With our help, you can better understand the difficulties behind your divorce in a more coherent manner. More fully comprehending your case is a crucial step toward getting the kind of result that doesn’t favor you or your partner inequitably. By creating a comprehensive and fair divorce, you won’t have to suffer through the bitter and resentful separation that can devastate a person’s life.
Beyond this help, we can also work to ensure that you get the separate property that you deserve and avoid the kind of tax difficulties that often plague many divorces. You don’t have to lose an excessive amount of money if you’re willing to work with us.
Getting the Help You Need
So if you need help getting through a divorce and receiving the fair and equitable property division that you deserve, please don’t hesitate to contact us. We are legal professionals with years of experience helping bronx residents like you get the help you need splitting up your property in a fair way.
We can also help you better understand the complexities of property division law and the ways that these statutes change on a regular basis. While they aren’t changed heavily every year, they can be tweaked and updated in minor ways.
In a marriage, a couple may have what is referred to as separate property and what is referred to as joint property. Generally, individuals can do whatever they want with their separate property as it has and always will belong to them. However, an individual may not remove items from a marital home that belongs to you or is considered joint property.
Do You Have a Divorce or Separation Agreement?
If there is a divorce or separation agreement between you and your husband or partner, it may stipulate when and how items may be removed from a home. Therefore, it is possible that he has the right to take property that either belongs to him or was given to him when you two split up. However, if there is no agreement or property is being taken in violation of this pact, it may be a good idea to call your attorney or talk to a judge.
A Restraining Order May Be Granted
It is possible that a judge could grant a restraining order against your husband or partner preventing him from taking any property. This order may be put into effect even if he owns the home assuming that the items belonged to both of you jointly. Such an order may also be granted if he is taking items that may be used to help care for any children that you had together.
You May Be Allowed to Change the Locks or Otherwise Restrict Access
If your former spouse or partner is attempting to take property from your home without a valid reason, it may be possible to take measures to prevent entry. For instance, you may be able to change the locks on the doors and windows. It may also be possible to install an alarm system that will deter him from trying to enter the home either legally or otherwise. Assuming that you have permission to do so, taking these steps may keep yourself, your kids and your property safe from theft or other abuse.
Let the Authorities Handle It
If necessary, call the police as soon as you see anyone trying to take things from your home without a court order or your permission. A police officer will be able to investigate the situation and resolve it calmly and without the need for the situation to escalate unnecessarily. Remember, a separation or divorce may bring out emotions that you may not be able to control, which could lead to a physical altercation or a shouting match that your children may witness.
It is never fun trying to deal with a man who is trying to take your belongings in an effort to make your life harder. However, the best way to handle such a situation is to stay in touch with your attorney and other authorities. Working together, it may be possible to get him to cease all attempts to take what rightfully belongs to you or your children.
When you make the decision to separate, you might worry that your spouse will take things out of your home that aren’t his or that haven’t been divided equally. It’s common for one person to move out of the home when you decide to separate, and it’s also common for the spouse to take his personal belongings, such as clothes and toiletries. However, there are more items in your home that have been shared, such as furniture and appliances. These are items that usually stay in the home unless your spouse’s name is attached to them and only the name of your spouse. If you jointly own these items and there is some type of proof that you can give to the court to show that your name is attached to the property as well, then the court will likely make a decision as to what happens to the property.
One way that you can prevent him from taking things out of your home is to have a police officer present when he leaves. The officer will ensure that the departure is civil and that there are no belongings taken from the home that shouldn’t be taken. If there are any questions or concerns as to what your spouse should take, then it can be settled in court. Any documents that you have pertaining to the items in your home that he claims to have ownership to should be taken to your attorney and presented to the court when you have your divorce hearing. If you want to keep something that you know is that of your spouse, then you would need his permission to keep it as he would need your permission to keep something that is clearly yours.
When your spouse leaves your home, you can have a friend or family member come to your home who does not have any stake in the final decision. This person can then monitor the situation so that he only leaves with items that are his at the time. Sometimes, a third party who knows both parties equally can offer advice when you’re trying to sort out possessions and what should be taken. A judge will make the final decision as to what he can take from the home if you are unable to come to an agreement without involving the court. The decision will often be in writing so that you clearly know what he is allowed to take with him. If he tries to take more than what is ordered, then you can contact a police officer who can come to the home to prevent him from taking your belongings.
If you can communicate with him in a sensible manner, then you might be able to come to a conclusion as to who gets each large piece of furniture in the home and how the smaller items will be separated. An option would be to sell the items that you don’t want and divide the money received from the sale equally. Some of the things that could be removed from the home, divided, or sold include furniture, artwork, electronics, and appliances. If the home is in your name only, then he typically has to have permission to remove items from the home even if they are his. If you’re unable to come to any conclusion about the items that are in the home, then you can each approach the judge to talk about what you each want to keep. The judge would then look at who owns the property and who would benefit from keeping the property before making a decision.
There are a few belongings that he can take that aren’t considered attached to the home, such as jewelry that is clearly his or toiletries. Other items include collections that he has kept, movies that are his, and supplies that are needed for work. In the event that your spouse tries to sell items without your knowledge or permission, then you can speak with an attorney about getting those items back or keeping him from taking them from the home. The best option for everyone involved would be to make an arrangement with a legal representative who can be at your home on a specified day so that your spouse can gather the items that are his and so that you can change the lock on the door to prevent him from entering in the future.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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