Buffalo and Western New York Property Division Lawyers
Division of real and personal property in New York State is governed by the Equitable Distribution Law. This law provides that all assets and debt acquired during a marriage are considered marital property and are therefore subject to division among the spouses.
The court examines a number of factors in determining how to distribute property. They look at the type of property and the amount. They also consider the interests of the parties regarding the assets and property.
At Cole, Sorrentino Hurley, Hewner & Gambino, P.C., in Buffalo, New York, our attorneys aggressively protect the rights of clients' in marital property division proceedings. If you are going through a separation or divorce, contact us to arrange a consultation.
Property Subject to Division
In short, any marital property (property acquired during the marriage) is subject to division during a divorce. Pensions, deferred compensation accounts and IRAs are all included in the definition of marital property even if they were earned by one of the parties through employment and even if that property is not yet “vested.”
However, some property is considered separate and not subject to distribution by the court, including:
- An inheritance
- Proceeds from a personal injury lawsuit
- A gift from a third party and property owned prior to the marriage
Property division issues can prove to be extremely complicated and are an integral part of all divorce proceedings. We can make sure that your property rights are fully protected during your divorce.
Please call us at 800-206-0946 or contact us online to arrange an initial consultation with one of our attorneys. We welcome the opportunity to represent you.
We offer flexible appointment schedules.
