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Areas of Practice
Child Custody & Visitation
Joint Custody
Legal Custody
Child Support
Contested Divorce
Division of Assets and Equitable Distribution
Debt Division
High Asset Divorce
Spousal Maintenance
Modifications & Enforcement
Qualified Domestic Relations Orders

Division of Assets / Equitable Distribution in NY

Representation from an Experienced Buffalo Divorce Attorney

The division of assets, including how property, real estate, debts and pensions will be distributed, is a topic that often causes heated debate in a divorce. Without a prenuptial agreement to fall back on, many couples are subjected to the oversight of a New York family court judge to determine what will come of their property and assets.

It is important that you work with an experienced attorney who can help you understand marital property and how it may be divided between you and your spouse. If you have any questions or concerns regarding your situation, do not hesitate to contact The Law Office of Charles A. Messina right away.

What Is Considered "Marital Property" in New York?

Marital property is any property that was obtained during the course of the marriage by one or both parties. They may include:

  • Debts
  • Loans
  • Certain pensions
  • Real estate
  • Benefits

If you and your spouse are unable to determine how property should be distributed in the event of a divorce, a skilled divorce lawyer needs to be contacted. We can represent clients through all types of divorce conflicts, from uncontested to contested divorces.

How Will Property Distribution Be Determined?

In determining equitable distribution, a judge looks at a few factors, such as:

  • The amount of property or debt that each party brought into the marriage
  • The amount of assets each property obtained during the marriage,
  • Any gifts that may have been given from one spouse to the other
  • College degree and professional licenses

Property that is deemed to be marital property may be subject to division.

How Is Marital Property Divided in New York?

Most people assume that the property will be divided equally based on the physical value, but this is not always true. Property is distributed based on monetary value, and some property or assets may even be sold to ensure that debts and taxes are paid off. If the property or assets are subjected to equitable distribution, each party may have the chance to make an argument that the property is actually theirs.

With the help of a family law attorney, you can show evidence that an asset or property was actually earned by you and therefore should be yours in a divorce. Whether you are facing a high asset divorce or simply want to ensure that your property is divided farily, it is important to remember that every case is unique, and the circumstances surrounding it may be different, so it is important that you always work with a lawyer.

Free Consultation with a Buffalo Divorce Lawyer

Distribution of assets can be difficult to understand, and the laws surrounding the marital property and how it can be divided can be confusing. Never navigate the waters of the New York family law court alone! If you are facing a divorce or if you are concerned about how your property will be divided after a separation, do not hesitate to contact The Law Office of Charles A. Messina right away.

As a Buffalo divorce lawyer, I have years of experience providing outstanding representation to my clients and I may be able to help you as well. Contact my firm by filling out my free case evaluation form online to request your free phone consultation.

The Law Office of Charles A. Messina - Buffalo Divorce Attorney
Located at 3990 McKinley Pkwy #3
Buffalo, NY 14219. View Map

Phone: (716) 980-1959 | Local Phone: (716) 634-7777.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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