Protecting What Matters Most

New York Legal Guidance For Marital Property Division

If you are going through a divorce, obtain experienced legal help. You have a right to maintain your separate property, but your marital assets will be distributed equitably. This is a highly complicated area of the law. Any of your individual assets that were commingled with your joint assets will be considered part of your martial property. Select a highly skilled property division attorney prepared to ensure you maintain a fair share of your marital estate.

I am family law attorney Keith Schulefand and at the law office of Keith B. Schulefand, Esq., I have more than 30 years of experience handling high-asset divorce cases in New York. This is an equitable distribution state, which means marital property is divided fairly but not necessarily equally. I will apply my years of experience and legal skills to help ensure you maintain your separate property and a fair share of your marital property.

Experience And Skill To Handle Highly Complex Property Division Cases

Property division in New York can be highly complicated. Any assets or debts acquired before a marriage are not subject to an equitable distribution during a divorce. However, if any separate property was commingled with the marital estate, those assets would be divided equitably between the divorcing spouses. For example, if your spouse owned real estate property before getting married and then invested the profits into your joint retirement accounts, you would be entitled to an equitable distribution of the profits.

I have the experience to handle highly complex property division cases. I have access to industry-leading experts, including forensic accountants, to help me trace how finances were handled during the course of a marriage. Any assets considered part of the marital estate will be divided equitably. This does not necessarily mean a 50-50 split. A prenuptial agreement or a premarital agreement can serve as a road map to ensure you and your spouse obtain a fair share of the marital estate, including any marital debts.

Protecting The Value Of Your Home In Property Division

A key part of property division includes determining the market value of the home. This is particularly complicated in a recession with property values dropping. I can help determine the fair market value for your home, taking into account market conditions and money spent to improve the house. If you choose not to keep your house, you are entitled to a fair share of the marital estate, including property equaling half the value of your home.

Contact My Office Today

Whether you are concerned about dividing up your 401(k) plans or pension, the best investment you can make is to select a highly skilled property division attorney. Email my office today to schedule a phone consultation.