Brighton Property Division Lawyer

Brighton Property Division Attorney

Divorce can be tense and stressful for all parties involved. It can be even more contentious if the couple cannot agree on important matters, such as property division. When you and your spouse decided to marry, you also decided to work as a team. Therefore, you deserve your fair share of the team’s efforts if you decide to divorce. If you are in the middle of a divorce, consider hiring a Brighton property division lawyer to assist you.

At Trotto Law Firm, P.C., we are a devoted team of legal professionals who put the individual needs of our clients first. Our collaborative approach enables our clients to have a say in what they are entitled to under the law. We understand the laws of property division and use our knowledge, skills, and passion for justice to serve our clients.

What Are the Property Division Laws in New York?

Unlike some states, New York follows the laws of equitable distribution to divide property and assets between divorced couples. In this state, property must be divided fairly instead of equally between both parties. Two of the main factors that are considered are marital property and separate property. Marital property is property acquired during the marriage, while separate property is property obtained before the marriage.

Property in Brighton, NY can be both real property and personal property. Real property may include houses, land, businesses, or other real estate. Examples of personal property are cars, boats, planes, and other automobiles. It can also be jewelry, gifts, and other valuables.

Examples of Marital Property

What is considered marital property in a property division dispute can be complicated. Sometimes, one spouse or another may have property in their name, even though both spouses financially contributed to it. Under equitable distribution, if the property was obtained during the marriage, it is marital property, no matter whose name the property is in. Examples of marital property include the following:

• Real and personal property purchased by both spouses during the marriage
• Assets, like cash, retirement funds, or investments, that were earned during the marriage
• Any gifts made to one another

Examples of Separate Property

Conversely, separate property is that which either spouse obtained prior to the marriage. This may also include a down payment on a house through separate income. In addition to real and personal property secured prior to the marriage, other examples of separate property include but are not limited to:

• Inheritances or gifts from someone other than your spouse or their family
• The increased property value from property purchased before the marriage
• Separate property as outlined in the prenuptial agreement

What Are the Main Considerations for Property Division in New York?

When determining how property is divided upon divorce, the judge considers other factors, aside from marital and separate property. To make sure the property is divided fairly, some immeasurable aspects may be considered in addition to economic ones. The following list outlines some of those factors:

• All income and property of both spouses, both before and during the divorce
• The length of the marriage
• The age of each spouse and their health status
• Child custody considerations, such as the needs of the custodial parent
• Loss of inheritance
• Loss of benefits
• Whether spousal maintenance was awarded
• The help one spouse offered the other to obtain certifications, education, or higher income
• The liquidity of any assets
• The future financial earning capacity of both spouses
• Tax considerations
• If one spouse wasted assets or property leading up to the divorce
• If one spouse disposed of property or assets before the divorce

With all these issues as well as others considered, the goal is for the judge to come to a fair decision. This does not mean that the property will be split 50/50. To increase your chances of getting what you are entitled to, you should come prepared with the above information, including related documents. At Trotto Law Firm, P.C., we can help you sort through any information related to your case and fight for you to receive your due assets.

FAQs

What Assets Cannot Be Touched in a Divorce?

In general, separate assets, or assets that were acquired or earned before the divorce, cannot be touched. However, it is important to consult your lawyer to fully understand which of your assets or property are untouchable. In general, any real or personal property obtained before the divorce, as well as some inheritances, are considered separate property.

What Is the Wife Entitled to in an NY Divorce?

New York has equitable distribution property division laws, so marital property is divided fairly instead of equally. This means neither the wife nor the husband is entitled to certain property. Instead, it depends on what property was purchased while the couple was married and what property was obtained before their marriage.

What Happens If the Wife Is Not on the Mortgage When We Divorce?

Under equitable distribution, no matter whose name is on the property, if it was purchased during the marriage as a joint property, then it is considered marital property. If both spouses contribute to the property, even if it is only in one spouse’s name, it may be considered marital property. Also, even if one spouse financially provides, both spouses may still be entitled to the property, as the judge may also consider other immeasurable factors when making their decision.

Am I Entitled to My Husband’s Social Security If I Get Divorced?

It depends. You may or may not be entitled to your husband’s Social Security if you get divorced. Social Security is a government benefit that is split up uniquely compared to other assets. Several factors, such as age and health, are considered when determining how Social Security will be divided. Consult your Brighton divorce lawyer to get a better understanding of Social Security division in your particular case.

Contact Trotto Law Firm, P.C., for a Consultation

At Trotto Law Firm, P.C., we aggressively advocate for our clients and protect their rights. We understand that how property is divided in a divorce can be a contentious issue. Our asset division law firm is here to alleviate that stress while working diligently to make sure you receive what you are entitled to. Contact our office today for a consultation.