Property division, also known as equitable distribution, determines how marital assets get divided during divorce. A knowledgeable property division attorney helps you identify all marital property, accurately value assets, and fight for a fair division that reflects your contributions to the marriage. At Krasner Law, we understand that property division decisions affect your financial security for years to come.

Dividing marital property involves complex analysis of real estate, retirement accounts, businesses, investments, and personal property acquired during marriage. Our property division lawyers have extensive experience navigating New York’s equitable distribution laws and advocating for divisions that reflect your unique circumstances. Whether you’re dealing with a high-asset divorce or protecting family property, we provide the skilled representation you need.

Property division cases require careful attention to several important factors:

Asset Identification: Locating and cataloging all marital property, including real estate, bank accounts, retirement funds, investments, business interests, and valuable personal property.

Valuation Analysis: Determining accurate fair market values for real estate, businesses, collections, and other assets that require professional appraisal.

Separate vs. Marital Property: Distinguishing between property owned before marriage or received as inheritance/gifts versus property acquired during the marriage.

Debt Allocation: Addressing how marital debts, including mortgages, credit cards, loans, and business obligations, get divided between spouses.

Our property division attorney team works diligently to build strong cases supported by thorough financial documentation and clear presentation of relevant factors that influence equitable distribution decisions.

Frequently Asked Questions About Property Division

Everything You Need to Know About Equitable Distribution in New York

Have questions about property division? We’re here to help. Below are answers to common questions about equitable distribution and asset division in New York.

  1. What is equitable distribution in New York?

    Equitable distribution means marital property gets divided fairly, not necessarily equally. A property division attorney evaluates factors like marriage length, income, age, and contributions to determine fair division.

  2. What’s the difference between marital and separate property?

    Marital property includes assets acquired during marriage, while separate property includes assets owned before marriage or received as inheritance or gifts. Our property division lawyers help prove which assets should remain separate.

  3. How is the marital home divided in a divorce?

    Options include selling the home and splitting proceeds, one spouse buying out the other’s share, or continuing co-ownership temporarily. Your property division attorney helps determine the best approach for your situation.

  4. Can I keep my business in the divorce?

    Yes, if the business qualifies as separate property or if you can buy out your spouse’s share based on professional valuation. We work with business appraisers to protect your entrepreneurial interests.

  5. How are retirement accounts divided?

    Retirement accounts are divided using Qualified Domestic Relations Orders (QDROs) that split funds without tax penalties. Our property division lawyers handle QDRO preparation and submission.

  6. What if my spouse hides assets during divorce?

    We conduct thorough asset discovery using subpoenas, forensic accounting, and investigation to locate hidden bank accounts, offshore holdings, and undisclosed property.

  7. How long does property division take?

    Timeline varies based on asset complexity and cooperation levels. Simple cases may resolve in months, while complex high-asset divorces can take a year or more to properly value and divide all property.

  8. Can property division be modified after divorce?

    Generally no, property division is final once the divorce is complete. This makes it critical to work with experienced property division lawyers who get it right the first time.

  9. What happens to debt in a divorce?

    Marital debts get allocated between spouses based on who incurred them, who benefits, and each spouse’s ability to pay. Credit card debt, mortgages, and loans all factor into equitable distribution.

  10. What areas do you serve for property division cases?

    We represent clients in property division matters throughout New York and New Jersey.

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