Recent Posts in property division Category

  • Equitable Distribution and the Separate Marital Residence

    || 16-Nov-2015

    Generally speaking a marital residence that is the separate property of one party to the marriage is not subject to equitable distribution without a showing that it has been transformed or transmuted into marital property. A spouses contribution toward the other spouses separate property marital residence alone does not mean that the marital residence has been transformed into marital property ...
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  • Equitable Distribution and the Engagement Ring

    || 9-Nov-2015

    I am often asked what happens to an Engagement Ring when an engagement is terminated. The answer to this question has been well litigated. As such, the law is very clear on this matter. When an engagement is terminated prior to a marriage the engagement ring remains the property of the donor. It does not matter if the parties resided together and acted as a married couple. What matters is whether ...
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  • Negotiating property division in New York

    || 21-Jul-2014

    Many divorced couples in New York understand how problematic property division can be if not managed properly. Often times, people are still held liable by creditors if their name is still attached to the marital home. If the divorce or separation has not been finalized, an individual can still be held liable for the debt incurred by an ex-spouse for non-payment. This may also create a challenge ...
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  • Whatever reasons for a divorce, the property needs to be split

    || 22-Apr-2014

    According to New York State Department of Health statistics, divorce rates have increased in our state during recent years. While it's not entirely clear why the numbers have increased, it does appear that many individuals put off divorce during the recession years only to wait until divorce seemed more affordable. It must be kept in mind that many of these couples would have divorced ...
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  • Eliot Spitzer, Silda Wall end marriage with uncontested divorce

    || 17-Jan-2014

    Former New York Gov. Eliot Spitzer and his wife, Silda Wall, have filed divorce papers. The two reportedly settled all of their divorce matters outside of court in the uncontested divorce. The couple, who had been married for 26 years, announced that they were breaking up in December. In most cases, uncontested divorces are more beneficial for individuals than contested divorces. Uncontested ...
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