In a divorce, there is a general assumption that property is marital, and subject to distribution between the spouses.
There are exceptions, and to protect separate property, you’ll need to show that the property falls into one of several categories.
First, property you owned prior to the marriage is generally separate.
Sometimes this can be subject to challenge, as with property like a home where your spouse has invested funds in renovations or paid the mortgage over a period of time.
Second, property like inheritances or damage awards from lawsuits is separate property.
These can be challenged as well, especially when the inheritance or award was cash that was mingled with marital funds.
Matrimonial law and divorce case law is full of exceptions and loopholes, which is why it’s a good idea to work with an experienced Queens divorce attorney to assert your rights when it comes to separate property and preserve as much value as possible.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you keep what’s yours when your marriage is ending.
Call 718-523-1111 today and talk to an experienced Queens divorce lawyer for free.
