Richard Roman Shum (https://www.romanshum.com/manhattan-property-division-lawyer/), a distinguished Manhattan property division lawyer from The Law Office of Richard Roman Shum, Esq., PLLC, has recently published an in-depth article addressing the intricacies of property division during divorce proceedings in New York. The piece aims to shed light on the legal frameworks and considerations that influence the equitable distribution of assets among divorcing spouses.
Manhattan property division lawyer Richard Roman Shum emphasizes the importance of understanding New York’s state laws governing property division to ensure fair outcomes in divorce cases. “Property division is not merely about splitting assets down the middle,” Shum explains. “It’s a nuanced process that takes into account the length of the marriage, each spouse’s financial contributions, and their future financial needs.”
According to the Manhattan property division lawyer, the equitable distribution principle guides New York courts in dividing marital assets during divorce. This principle does not guarantee an equal split but rather a fair one, considering various factors such as each spouse’s income, the duration of the marriage, and their future financial prospects. Only marital property—assets and debts acquired during the marriage—is subject to division, while separate property, such as pre-marital assets, gifts, and inheritances, typically remains with the original owner.
The article by the Manhattan property division lawyer discusses the types of properties considered during divorce, distinguishing between marital and separate properties. Marital properties include assets like homes, vehicles, businesses, and retirement accounts accumulated during the marriage. Conversely, separate properties encompass assets owned before marriage or acquired individually through inheritance or gift. Properly categorizing these assets is crucial for a fair division.
Richard Roman Shum’s article also highlights the valuation process of high-asset properties, which often involves complex appraisals. “Valuing properties such as real estate, businesses, and collectibles is essential to achieving an equitable division,” Shum notes. “Each asset category presents unique challenges, requiring detailed analysis and expert appraisals.”
The Manhattan property division lawyer elaborates on the specific circumstances of the spouses that courts consider during property division. Factors include the duration of the marriage, the age and health of each spouse, their income at the time of marriage, and their current and future earning capacities. These considerations help the court make decisions that ensure both parties’ financial stability post-divorce.
Richard Roman Shum stresses the importance of financial disclosure in the property division process. “Complete and honest financial disclosure is paramount,” he asserts. “Both parties must disclose all assets and liabilities to ensure a fair and just division.”
The role of prenuptial and postnuptial agreements in property division is also discussed in the article. These agreements, established before or during the marriage, respectively, can predetermine how assets should be divided in the event of a divorce. “Prenuptial and postnuptial agreements can simplify the property division process by providing clear guidelines,” Shum explains.
Divorce can be a complex and emotionally charged process, but understanding the principles of property division can help mitigate some of the stress involved. Those facing divorce in Manhattan are encouraged to seek professional legal guidance to navigate their property division cases effectively.
Richard Roman Shum, a Manhattan property division lawyer, invites individuals facing divorce to schedule a consultation with The Law Office of Richard Roman Shum, Esq., PLLC. “We can provide the guidance and representation you need to protect your rights and achieve a just resolution in your property division case,” Shum urges.
For those seeking further insights into the property division process during divorce, Richard Roman Shum’s article serves as a valuable resource. It provides a comprehensive overview of the legal considerations and steps involved in achieving a fair division of assets.
About The Law Office of Richard Roman Shum, Esq., PLLC:
The Law Office of Richard Roman Shum, Esq., PLLC is a reputable law firm based in Manhattan, New York. The firm is dedicated to providing compassionate and effective legal representation in family law matters, including divorce and property division. With a thorough understanding of New York’s legal landscape, the firm’s attorneys are committed to defending clients’ rights and ensuring fair outcomes in complex legal proceedings.
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