Property Division in White Plains

More Than 90 Years of Combined Family Law Experience

Dividing a marital estate takes more than listing what each spouse owns. Homes, retirement accounts, business interests, investments, personal property, and debts may need to be identified, classified, valued, and addressed through negotiation or a court proceeding. New York follows equitable distribution, which means dividing marital property fairly based on the circumstances rather than applying an automatic equal split.

We address these financial issues as part of our exclusive focus on matrimonial and family law. From our White Plains office, our attorneys develop a legal plan around the marriage, available records, disputed assets, and each client’s priorities.

Discuss your marital property, separate-property claims, and financial concerns with our attorneys. Call (914) 873-4410 to get started.

Property Division Representation in White Plains

We represent clients through equitable distribution negotiations, settlement drafting, and litigation. Depending on the dispute, our work may include reviewing ownership documents, tracing the timing and source of funds, evaluating each spouse’s contributions, and addressing liabilities alongside assets.

A negotiated resolution may allocate entire assets to one spouse, transfer an ownership interest, assign responsibility for debts, or use a distributive award when direct division would be impractical. If the spouses can’t agree, we can present disputed classification, valuation, and distribution issues to the court.

Property Issues That Require Closer Financial Review

The name on a deed, account, or title doesn’t always determine how an asset may be treated. Separate and marital funds may have been commingled, property may have appreciated during the marriage, or one spouse may claim an interest based on financial or nonfinancial contributions.

Commonly disputed parts of a marital estate include:

• The marital residence: Ownership, equity, mortgage obligations, and whether either spouse seeks to remain in the home
• Retirement assets: Pensions, workplace plans, and other benefits accumulated in whole or in part during the marriage
• Business interests: Ownership, value, income, and each spouse’s direct or indirect contributions
• Separate-property claims: Premarital assets, inheritances, gifts from third parties, and property covered by a written agreement
• Marital debt: Mortgages, loans, credit obligations, and tax-related liabilities

A prenuptial agreement or postnuptial agreement can change this analysis. We consider the agreement alongside financial records and the property’s history rather than treating any single document as the complete answer.

How We Build a Property Division Case

We begin by identifying the assets, debts, records, and legal claims that require attention. This initial review helps focus the case on disputed classifications, financial questions, and the available paths to resolution.

Representation may involve the following steps:

• Collecting records: Reviewing deeds, account statements, retirement records, loan documents, tax returns, business records, and documents concerning gifts or inheritances
• Classifying property: Comparing acquisition dates, ownership records, agreements, and sources of funds
• Evaluating disputes: Addressing valuation, appreciation, commingling, contributions, dissipation, and relevant tax considerations
• Pursuing resolution: Negotiating proposed terms or litigating unresolved issues before the court
• Documenting the terms: Preparing clear settlement provisions that reflect the agreed allocation of property and debt

Jillian R. Falt’s practice includes equitable distribution, settlement, negotiation, litigation, and drafting family-law agreements. Sari Friedman’s prior clerkship with the Appellate Division, Second Department, also brings an appellate perspective to our practice and underscores the importance of developing a clear factual record for court.