Tag Archives: marital property

Unique Legal Perspective Affecting Donald Sterling, Ms. V. Stiviano, and Rochelle Sterling

Mr. Sterling known to be the owner of the Los Angeles Clippers is accused of making racial comments in tapes allegedly created by his girlfriend. The octogenarian has a woman less than half his age named, V. Stiviano. Ms. Stiviano denies leaking the tapes however she reported taped Mr. Sterling making the remarks that are… Read More »

On Appeal: Tax Fraud and Fairness

In a Supreme Court, Queens County matter, a recent ruling on an appeal was problematic for a wife who made contradictory claims about her marital estate.  In Morille-Hinds v Hinds, the judge was confronted with a couple who admittedly underreported their income on their tax returns. Throughout the marriage, the couple did not report the… Read More »

When Separate Property Is Not Separate

Division of property is a hotly debated topic in many divorces. A recent Appellate Division case defined an instance when separate property is not actually separate property.  In New York, the assets and debt of the marital estate are subject to equitable distribution during divorce. When couples cannot agree on how to distribute their property,… Read More »

A Matter of Opinion: The Use of Experts in New York Divorce Matters

Is the family business profitable or broke? During a divorce, sometimes the only opinion that matters is one provided by an expert.  As it turns out, many of our clients benefit from the appropriate use of experts during their divorce proceedings. New York law allows courts to require payment of fees for legal counsel and… Read More »

Professional Degrees as Property in a Divorce

When a spouse earns a professional degree or license during a marriage, that spouse’s increased earning potential is marital property subject to equitable distribution in New York. Experience has shown, however, that the principle is far easier to articulate than to execute. Consequently, recent reform efforts are aimed at eliminating that section of the law…. Read More »

Some Property Is Safe from Division During Divorce

In a New York divorce, some property isn’t part of the marital estate and thus is not subject to division between the spouses. Understanding what is and isn’t marital property can improve the outcome of your divorce settlement negotiations.  New York’s domestic relations law distinguishes between marital property and separate property. Separate property belongs to… Read More »

How to Divide the Equity in Your Marital Home

You both deserve part of your marital home, but you cannot cut a house down the middle. Splitting the equity in your home requires strategic planning and creative thinking. Common solutions include: Selling your home and dividing the equity Buying out your spouse with cash or other assets Accepting other property in exchange for the… Read More »

What Factors Are Considered When Dividing Marital Property?

Under the law of equitable distribution, marital property must be divided in a just manner between the spouses without considering any fault. Spouses can keep property that has been separate in the marriage. But what is separate and what is marital can be difficult to determine. An experienced divorce lawyer can make an examination of… Read More »