Marital & Separate Property in New York

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In most divorces, separation of property tends to be a big issue.  It is important to classify who owns which assets, and which assets were purchased during the marriage or before.  Once the determination is made, the parties can decide on the separation of marital property.  The division of property in a divorce proceeding should be done with fairness.

Marital Property

Marital property is property that was purchased during the marriage, and can be divided among the parties during the divorce. For example, a home purchased by both parties during their marriage can be considered a marital asset and can be subject to division during the divorce.

Separate Property in New York

Separate property is usually property that was acquired prior to the marriage.  This may also include items received during the marriage that were inherited by one spouse or gifted to one spouse.  Also, any property that was identified in a premarital agreement would be deemed separate.  Separate property may also include properties listed specifically in a premarital agreement.

Commingling & Transmutation of Property in New York

Some divorces can see more complicated issues with the separation of property if they had once owned property solely, but then commingled it with their spouse.  Examples of this may be converting a sole bank account into a joint bank account and using that account to pay marital bills.  In addition, transmutation occurs when a spouse changes the title of a home into a joint title with both spouses’ names.  This may convert the home from a separate property to a marital property, and may give both spouses an interest in the property.

If you have questions about getting a divorce, contact our firm today.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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