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Not only do the skilled team of attorneys at Zelenitz, Shapiro & D'Agostino offer professional advice on divorce to those who live in the Brooklyn area; they also offer advice on other family law issues.
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What does Brooklyn law state on inherited property rights in divorce?
Inherited Property Rights In Divorce? When a couple seeks divorce, there are sure to be arguments about property rights. The complete procedure of divorce case is very traumatic and even sentimentally and economically difficult with regards to deciding over one’s legal rights over assets post divorce. There are sure to be disputes and discontentment if someone does not have any clarity on what makes up a marital and a separate property. A marital property is any asset attained by either spouse during their marriage and is eligible to equitable distribution on dissolution of marital relationship, irrespective of who holds the ownership. There is a complete list of such assets, a number of these comprise: • Joint Bank as well as Investment account • Home along with home furniture
Inherited Property Rights In Divorce? • Automobiles • Stock• Business interests • Pension, retirement plans A Separate or a non-marital property includes: • Any asset bought prior to marital relationship • Any property bought after court’s judgment on legal divorce
Inherited Property Rights In Divorce? • Property passed down or attained as a gift before or maybe during marriage • Reimbursement for personal injuries It is notable that only Marital Properties are shared during the time of separation leaving all the separate properties aside and so the response is “No” to the frequently asked question “I Inherited Cash and Property during the Marriage, Does It Have to Be Shared in a Divorce? Not one of the partners has any official duty to share the inherited property.
Inherited Property Rights In Divorce? Nevertheless there are situations when a separate property can transform into a marital property an account of actions of the holder. For example a husband got a house before marital relationship which is in his name, but after marriage his partner contributed to the reconstruction charges and the full family started residing in it; the portion of the house would be viewed as a marital property at the time of divorce. Though the court is quite precise on equitable distribution of a marital property at the time of divorce, one can't ignore the doctrine of transmutation in which the inherited or non-marital property was converted to marital one so that the property became comingled or used for marriage or was used in way with an objective to make it marital.
Inherited Property Rights In Divorce? For example you used your inherited money to create a pool inside the house bought during the marriage. This led to transmutation of your inherited money into marital property and the court is not going to give you the credit for your investment under inheritance clause. The clauses regarding transmutation are very multi-dimensional and it’s better to have premarital deals to deal with these types of assets ahead of time to keep away from problems down the road. If you're puzzled whether to challenge your spouse seeking share in your inherited property and really don't understand the answer, call the extremely distinguished Brooklyn Divorce Attorney known as Zelenitz Shapiro & D'Agostino P.C. who has a trail of effective cases behind him bringing about victorious negotiations among spouses.
Inherited Property Rights In Divorce? Whether it was inherited money you transferred in a joint account or an inherited property was offered to buy a brand new home in your joint name after marriage or maybe many such countless cases, feel free to speak with for a personalized legal guidance. Zelenitz, Shapiro & D'Agostino, P.C. 26 Court Street Suite 2511 Brooklyn, NY 11242 (718) 725-9601 https://www.youtube.com/watch?v=1zi8KX0Tu6E