Property Division Put More than 50 Years of Experience on Your Side

Property Division Lawyers in Poughkeepsie

Providing Representation for Property Division Cases in New York

During a divorce, you and your spouse may find it difficult to agree on who gets what, especially if you have considerable assets. You will likely need to involve an experienced Poughkeepsie property division lawyer who can guide you through the division of property.

If you are facing a property division dispute, contact the experienced lawyers at Klein Law, P.C.. We have the skill you need for a favorable outcome! Call us today at (845) 203-2287.

Is New York a 50/50 Property Division State?

In the state of New York, equitable distribution is a term referring to the way property is divided in a divorce. Although the word equitable is used, property division is not always "equal" in terms of a 50/50 split but instead intended to be fair. 

  • Sometimes this may mean equal while other cases may involve more of a decision-making process in who gets what. 
  • Additionally, certain property may be excluded from equitable distribution, such as separate property that each spouse owned before they were wed.

Marital Property vs. Separate Property in NY

When it comes to dividing assets in a divorce, it is crucial to determine which property is community property, also called marital property, and separate property. 

  • Under New York law, marital property is acquired by one or both spouses while married. 
  • Separate property is any type of property that was acquired before the marriage. 

If a spouse inherits property, assets, or gifts from a deceased relative, this may be considered separate property, even if it happens while married. This is also true of compensation received for personal injuries. In certain circumstances, separate property, acquired before the marriage can become marital property when commingling occurs. 

How is Property Division Determined in NY?

There are many different factors which are taken into account by the court to determine who gets which assets and debts in a divorce proceeding. Our Poughkeepsie property division lawyers can help you establish what property is considered marital and what is considered separate.

A few of the factors considered during the property division process include:

  1. If spousal maintenance or alimony was awarded
  2. If the spouses share minor children
  3. How long the marriage lasted
  4. How much of the property is shared 
  5. What was owned prior to the marriage
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Hear From Our Happy Clients

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