The Harding Law Firm News

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

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.