Equitable Distribution of Maritable Property

One of the most difficult challenges in New York family law is the equitable distribution of marital property. The most prevalent property distribution issues are:

Classification: Is the property marital or separate?

Valuation: How much is the property worth?
Perfecting Interest: How do I protect my interest in the asset?


Allocating Debt: How do we handle distribution of debt?

Asset Classification

Before property can be divided between spouses, the property must be classified as marital property. Classification issues revolve around such terms as commingling or transmutation. Does this sound complicated? It can be.

Some of the more frequent classification issues include the following:

Property brought into the marriage
Inheritances
Pension and other deferred compensation
Degrees and Licenses
Businesses
Gifts
Stocks and Stock Options
Real estate
Bank accounts
Classification issues can be complicated. Eric Gansberg can assist you in preparing to present this issue in the best light to protect your interests.

Asset Valuation

Once the property is classified as a marital asset, it needs to be valued, so the distribution of the property can be equitable. Valuation issues include determining the point in time to value the asset, and the monetary value of the asset. These issues can arise with any asset, but some of the more common valuation issues include the following:

Trusts

Pension and retirement plans
Businesses (including doctors, lawyers, accountants, and other businesses)
Stocks and Stock Options
Collectibles
Real estate
Bank accounts

Eric Gansberg can assist you in obtaining the proper experts to value the asset, as well as assist in any negotiations and documentation for an amicable division of marital property or prepare your case for an adjudication of the property value. You need an experienced attorney to make sure that your interests are met first and foremost.

Perfecting Your Interest

Once the marital property is divided, you need to perfect your interest in the property to protect the property and yourself. Eric Gansberg can assist you with the preparing and filing the proper documentation and let you breather a little easier.


Eric M. Gansberg is here to protect your interests during this difficult time. He has a solid background and experience to put your interests first and foremost. Choose a Straten Island attorney you can turst, choose Eric M. Gansberg!