Schenectady Post-Judgment Relief on Equitable Distribution Attorneys
With regards to spousal property distribution in a divorce, New York is not a community property state. New York law requires that property must be litigated as either separate or marital property. Typically, property owned by one spouse prior to the date of marriage remains the property of that spouse, unless the asset has been commingled with the other spouse's property. Capital gains on the commingled assets, and assets acquired as a couple become marital property and subject to equitable distribution.
Generally speaking, New York courts will not revisit divorce property judgments. However, when the distribution agreement includes exclusive possession of a residence to one of the parties, it is often with the intent that the property will eventually be sold, and the assets subject to distribution. Often, however, the spouse awarded exclusive possession is unable or unwilling to sell the property and the dispossessed spouse may have a legitimate claim for relief from the judgment.
Protecting yourself in a divorce property agreement under New York's no-fault divorce laws requires an attorney who has an in-depth understanding of property valuation and litigation. In many cases, protecting your rights begins with a properly worded separation agreement, prior to the formal divorce. The New York family law attorneys of Colwell, Colwell & Petroccione have extensive experience representing clients involved in complex divorce and property valuation and distribution matters in family law courts throughout central and western New York.
We can help you resolve complex marital property matters such as:
- Post-judgment relief on equitable distribution
- Property valuation
- Business ownership and professional practice distribution
- Investment accounts, retirement funds, QDROs
- Overseas property holdings
- Residential and commercial real estate
- Deferred compensation, bonuses and equities
Albany Equitable Distribution Divorce Lawyers
If you didn't get a fair shake in your New York divorce, pursue all legal recourse to obtain appropriate compensation benefits but don't assume the benefits will cover your losses. Talk to an attorney at the Albany equitable distribution divorce attorneys at Colwell, Colwell & Petroccione.
We believe anyone facing a legal problem deserves straight answers. Begin taking back control of your life after a divorce. Email our Equitable Distribution Attorneys at Colwell, Colwell & Petroccione, LLP, today. You can benefit from a free consultation with no risk whatsoever.
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