Understanding Property Division

New York follows the principle of equitable distribution in divorce cases, meaning marital property is divided fairly (though not necessarily equally) between spouses. Understanding what constitutes marital property and how it's divided is crucial for protecting your financial interests.

Types of Property

  • Marital Property:
    • Assets acquired during marriage
    • Joint accounts and investments
    • Real estate and vehicles
    • Retirement accounts
  • Separate Property:
    • Pre-marriage assets
    • Inheritance and gifts
    • Personal injury awards
    • Specified prenuptial items
  • Common Assets:
    • Business interests
    • Pensions and benefits
    • Stock options
    • Art and collectibles

Division Process

1

Asset Identification

Compile complete list of all assets and property.

2

Property Classification

Determine marital versus separate property.

3

Valuation

Assess current value of all marital assets.

4

Factor Analysis

Consider all relevant distribution factors.

5

Negotiation

Work toward fair distribution agreement.

6

Implementation

Execute property transfer and division.

Key Considerations

Real Estate

Home and property division

Business Assets

Company valuation and division

Retirement

Pension and 401(k) division

Debt Division

Fair allocation of liabilities

How We Can Help

At the Law Office of Nazar Khan, we protect your interests in property division:

  • Asset identification and valuation
  • Property classification analysis
  • Business interest protection
  • Real estate division strategies
  • Retirement account division
  • Hidden asset investigation
  • Negotiation representation
  • Court advocacy

Protect Your Property Rights

Schedule a consultation to discuss your property division case and protect your financial interests.

Schedule a Consultation