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Helping Divorcing New York Spouses Handle Property Division

Divorce can require spouses to divide and untangle the assets and property they accumulated together. Depending on the spouses’ circumstances, this can be one of the more complicated matters for them to handle during a divorce.

At Fersch LLC, our attorneys have years of experience helping divorcing spouses in New York advocate for their best interests when splitting marital property. We have decades of experience in all aspects of the property division process. We can use that experience and knowledge to keep your interests front and center during negotiations.

A Brief Overview Of New York Marital Property Laws

As New York abides by equitable distribution laws, with New York Supreme Courts seeking to ensure equitable marital assets and debt distribution. While equitable distribution can result in an equal division of assets and debts that is not always the result and a judge can freely determine what “equitable” means in each case. That can include the manners and proportions of assets and debts marital spouses can split.

Declarations Of Separate Property

A declaration of separate property can relate to an entire asset or where one party seeks a “credit” of a certain amount from an asset that is considered marital property. This generally occurs when one spouse uses funds a court does not view as marital funds, or where one spouse already owns the property in question prior to the marriage. This issue commonly arises with regard to down payments on real estate purchased during a marriage, but can occur in any form.

No spouses’ asset and debt makeups will ever look the same, and the unique implications of each can determine how a judge interprets their circumstances. We can help you better understand your situation, what you can expect and how you can pursue your desired goals and outcomes.

Approach Your Case How You See Fit

At Fersch LLC, we understand that your divorce circumstances are distinct to you and that how you and your spouse handle the conflict may require a specialized strategy and approach. If you want to settle property disputes out of court, we can help facilitate that. You and your attorney can discuss your case and determine how you wish to proceed. Some cases can be settled reasonably outside of a courtroom, however we are more than prepared to take your case before a judge if that is necessary. However you wish to approach your case, we have the knowledge, resources, tools and skills to make it happen.

Seek Help With Marital Property Division Today

You don’t have to navigate dividing marital property alone. Our team can review your circumstances and help you choose a legal strategy that helps you advocate for your needs. Call 212-422-2660 or complete our online contact form to schedule a free consultation with one of our New York City family law attorneys today – we look forward to speaking with you.