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Queens Property Division Lawyers

If you are undertaking a divorce, the distribution of your wealth is your primary concern. How can you distribute your property equitably after separating from your marriage? A Queens divorce lawyer excels in the state in the property division laws. For this reason, they can help you develop your plan to divide your property fairly.

Complex Property Divisions

Most divorces that involve complex property divisions involve professional licenses, business ownerships, high assets, and other financial matters that are complex and have the potential to be high profile and high conflict. Such divorces have to be handled with knowledge and care. If you are facing a high-net-worth divorce in Queens, your property distribution lawyers need to be prepared to protect your financial future and rights.

Communal Property vs Separate Property

In Queens County, all the property that a couple acquires during the marriage is considered as a communal or marital property. The collection of these is known as the marital estate.  For this reason, it should be divided accordingly between the spouses. Factors such as the value increase of property or real estate accompanied by the retirement accounts must be included in the divorce property division. This has an exception of inheritances and gifts.

When you got married to your spouse, you may have already had property, cash savings or investments.  Your spouse may have entered the marriage with their own property, cash and/or investments as well.  This is referred to as separate property.  You and your spouse may exclude specific pieces of property from the marital estate by entering into a marital agreement, such as a prenuptial or postnuptial agreement. In the absence of a written and signed agreement, the presumption is that property acquired during the marriage is marital property, except for any inheritances, personal injury/worker’s compensation awards for pain and suffering and any third-party gifts.

High Net Worth Divorce

In a high-net-worth divorce case such as one that has the involvement of a complex property division, it is imperative that the assets and properties are evaluated thoroughly to ensure equity in the property distribution. The Queens Property distribution attorneys work with the state’s leading forensic accountants, economists, business valuers and other professionals to be sure that you have your case handled with proper care and discretion.

The attorneys handle numerous complex property division cases including:

  • Tax issues
  • Inheritance
  • Stock options
  • Ownership of commercial, residential, and ranch real estate
  • Division of corporate partnership assets
  • Qualified Domestic Relations Orders (QDROs)
  • IRAs divisions, 401(k) and other assets issued during retirement
  • Pension Division

Asset Distribution

Marital assets are required to be distributed to the family court judges between the separating spouses. This has the inclusion of the property that was acquired by both or either spouses during marriage. The judge’s direction is the sole rule that can direct property distribution. However, the judge’s direction is always subjected to all legal issues that he considers to render his judgment.

Complex Problem Solving in Property Division

In a divorce that involves high-net-worth and high-income spouses, real estate, or business assets, numerous problems are involved and must be solved. This is prominent especially when each of the spouses claims an asset of their own that does not belong to the community property laws. Determining the worth and value of the assets is one of the complex matters the Queens Property distribution lawyers can offer their assistance. They are also full of knowledge to offer accurate and full disclosure of their earnings and income. Prenuptial agreements can complicate issues such as liquidations, taxes, child support, custody, and spousal support.

inheritance or gift from someone other than your spouse during the marriage;

Property described as separate property in a written agreement between you and your spouse.

When you or your spouse files for legal separation or divorce, you can agree on the division of marital property and separate property. If you cannot agree, the court will decide, after trial, which property is separate property and which property is marital property. The court will also decide what would be a fair and equitable, but not necessarily equal, division of the marital property.

Commingled or Transmuted Separate Property and Marital Property

Your separate property remains yours after the divorce, and so does your spouse’s separate property, unless you have mixed or commingled your separate property with marital property or separate property has been transmuted into marital property.  

That said, if you mix or commingle your separate property with marital property, the court might list part or all of your separate property as marital property, and split it up between you and your spouse.  Customarily, this rule does not apply to real estate, specifically the marital home, where a separate property contribution to the purchase will usually remain your separate property.  You would be eligible to recover separate property contribution back after the marital house is sold.

Property Division Litigation

The Queens Property distribution lawyers have the legal experience in dealing with litigation, negotiation, and valuation of the issues that arise in property division cases. They often work to their client’s advantage to settle such negotiations. If it is necessary, they can take the matters to court. Once you choose an action course, we will always use that extensive knowledge of the family law in Queens to advocate on behalf of their client’s. The lawyers will choose to advocate and negotiate for a fair and accurate settlement that often works for their clients. This action allows you to get a new stable start and achieve your goals. A divorce lawyer in Queens is a capable mediator. However, they are also capable of advocating for you during the trial proceedings in a court of law if it is deemed necessary.

Property Division in Divorce Can Be Emotional

Getting a divorce in Queens comes with a whole host of emotions. Of course, you can be sad that your marriage is coming to a certain halt. You can also be filled with anger, anxiety, and resentment about what is in store for us in the future. When such emotions make over a person, the divorce process can become contentious especially when it concerns the division of property during divisions. After all, every member of that marriage wants to get a better and fair share of the property they worked for during their time in marriage. To have matters complicated, some asset types can never be split in half. Some of these assets cannot be included in a divorce proceeding.

Queens Property Division Lawyers

When assets in a divorced setup are complex or significant, it is imperative to be represented by an experienced family law advocate to have the process negotiated to your advantage. While the divorce itself is often a stressful action, the division of property should be left to the attorneys. To determine the value of your estate, work with the experienced legal representative. Let the lawyers work with you to arrive at the real value of your estate and negotiate for a fair property distribution in a court of law. The attorneys can also assist you with property division issues regardless of their complexity.


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Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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