Long Island NY Property Distribution Laws, Facts and Questions
What is property distribution?
The division of property is also known as equitable distribution. Typically, when a couple divorces the marital property obtain while they are married is divided. This division can either be done by mutual agreement, property settlement or by a judge’s decree.
What can be considered marital property?
Property acquired after a couple marries.
What type of marital property are exceptions?
- Income from gifts
- Worker’s Compensation
- Social Security
- Personal injury claim benefits for permanent disability or future medical expenses
- Income from property owned before marriage
- Property excluded by valid agreement by both parties
How will marital property be divided?
Usually, divorcing couples will determine (with the help of an attorney) how they will separate property and debt. However, if a couple cannot agree they will submit their dispute to the court and a judge will make the decision.
What are other factors that courts may consider when making a decision on how property should be divided?
- Duration of marriage
- health, emotional and physical
- standard of living
- custodial responsibilities for children
- present value of property
- debts and liabilities
Is fault used to divide property?
No, it does not matter who was at fault nor had marital misconduct.
What if my spouse hides property?
It is illegal for anyone to hide property from a division of property. It is difficult to claim and you must have proof that it was hidden.
Who will get the house?
Typically, if children are involved the parent that spends the most time with the children will keep the house. However, if there are no children neither party can kick the other out. If you and your spouse do not come to a decision the courts will do it for you.
How can I find a Long Island NY Property Distribution Attorney?
Drossman & Associates have talented and trustworthy attorneys that have experience in divorce law and property distribution. Our attorneys realize that divorce cases are all different and property distribution has many factors that need to be addressed. Therefore, our attorneys take time understanding the case; listens to clients need and then provides the legal guidance and options that are available. At the same time, our attorneys give undivided attention, individualized service and shows respect to every client. Our goal as a firm is to give each client quality service and resolve their legal issues without breaking the bank. In addition, we will aggressively fight to protect our client’s interests and attain the best outcome for current and future needs.
Drossman & Associates specialize in Divorce, Family Law, Guardianship and Property Distribution. Since 2005, Jennifer Drossman has built the reputation of having a successful boutique law firm. Drossman & Associates is small enough to focus solely on the client’s needs and large enough to give top notch legal advice. Our attorneys have over 10 years of experience handling all types of family law matters including alimony, separations, divorces, property distribution, child support, child custody & visitation. Complete the evaluation form or call the office at 1-516-708-1970 and speak with one of our specialized property distribution attorneys. Your information is confidential.