The Harding Law Firm News

Getting Your Fair Share During a Divorce: Separate Property & Appreciated Value

The Harding Law Firm - Friday, February 28, 2014
separate property in divorce

There are many stressful dynamics when it comes to getting divorced in New York State. The division of property is often a topic that creates much stress on an already strained relationship. Deciding who gets what and what is eligible for discussion can include significant assets, retirement assets, pensions, businesses and much more. Determining separate property and even going beyond what the spouse brought to the marriage during or before the marriage should include an experienced divorce lawyer.

Going Beyond Separate Property in a New York State Divorce

In an action for divorce in New York State, the parties are entitled to equitable distribution of all marital property. Generally, each party is entitled to retain their “separate property”. However, a nontitled spouse may still be awarded a portion of the appreciated value of the “separate property” which occurred during the marriage, if the nontitled spouse can prove that they made indirect contributions to such property’s appreciation.

Marital Residence, Appreciated Value, and Getting Your Fair Share

This principle is most often applied to the marital residence during a divorce. Even if your spouse bought the marital residence before the marriage, you may be entitled to a portion of the appreciated value in addition to any equity arising due to the payment of mortgage liens. If you are contemplating divorce, call Charles Harding, Esq., he is experienced in protecting your right to receive your fair share of the marital assets. The Harding Law Firm can help protect your property rights in an action for divorce in New York State.

Let Charles R. Harding and The Harding Law Firm help you get what you deserve during a divorce. We’re here to help you put your life back together. Call us at 518-383-3400 or email us to set up a free consultation.

Personal Injury Claims Against Apartment Owners: Lead Paint

The Harding Law Firm - Thursday, February 27, 2014
As an apartment owner, you know how difficult it can be to find responsible tenants. Landlord and tenant disputes are almost commonplace these days. As an owner though, having an experienced law firm on your side is key to protecting yourself and your investments. This is especially true if a tenant tries to sue on the grounds or personal injury due to the presence of lead paint.

Lead Paint and Personal Injury Cases

Many apartment owners find themselves faced with defending a claim for personal injuries in connection with a plaintiff’s alleged exposure to lead paint. These claims can arise as much as 20 years after the exposure. Most property insurance policies do not provide coverage for these personal injury claims. The Harding Law Firm is experienced in defending such claims. The courts have held that in order to win a plaintiff is required to show:

“that the landlord (1) retained a right of entry to the premises and assumed a duty to make repairs, (2) knew that the apartment was constructed at a time before lead-based interior paint was banned, (3) was aware that paint was peeling on the premises, (4) knew of the hazards of lead-based paint to young children and (5) knew that a young child lived in the apartment".

Need to Defend a Lead Paint Personal Injury Claim?

It is often very difficult for the plaintiff to prove that the property owner had such notice. If you are faced with defending a lead paint exposure claim, call the Harding law firm at 518-384-3400. Feel free to email us and schedule a free consultation.

Charles R. Harding has over 30 years experience practicing personal injury law. When early resolution of the case is not possible or appropriate, it is important to have the courtroom skill, experience and resources necessary to obtain a successful jury verdict.