Property Division Issues
A family court of the state of New York generally seeks to divide the marital estate equitably. Couples can save time and money by negotiating outside of court and presenting property division proposals to the court for approval.
Before we agree to a proposed division of marital assets, we need to have a financial inventory of the marital estate, including retirement and pension benefits. Unfortunately, cooperation is not always available. If your spouse refuses to disclose financial information, we at the law office of Jay S. Baum have the experience to utilize tough civil discovery tactics to your advantage. Our methods may include subpoenas to financial institutions and professionals.
Taking A Complete Inventory Of Your Marital Estate
Disputes may also arise regarding the classification and valuation of marital property. Any assets acquired during the marriage, save for inheritances, may be defined as marital property. Appreciation on separately owned property, as well as retirement assets, may also qualify. If your spouse disputes the value or classification of any assets, we know how to work with experts to establish a fair value or definition.
Fairness does not necessarily dictate a 50-50 split of the marital estate. In determining fairness, the court weighs various factors, such as each spouse’s separate financial situation and contributions to the marriage. This is why legal advocacy is required. We will make sure the court understands your side of the story.
Contact An Experienced Property Division Attorney
Don’t accept the first property division proposal your spouse offers. We will protect your interests and make sure you have a full inventory of the marital estate. Schedule a free initial consultation by calling our State Island office at 718-980-5200. You may also complete our online contact form.