Marital Property Division Lawyer Brooklyn

Before a Brooklyn court can decide how to divide property in a divorce, it first has to determine what actually counts as marital property and what remains each spouse’s separate property. This classification step often decides the outcome of a property dispute just as much as the eventual division itself, since only marital property is subject to equitable distribution. Law Offices Of SRIS, P.C. represents Brooklyn spouses working through the classification and division of assets acquired during the marriage.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys assist Brooklyn clients with marital property matters alongside him. His background in accounting and information systems informs how the firm traces and classifies assets that may blend marital and separate property. The firm does not offer free consultations; a consultation can be scheduled by calling the firm. The firm’s intake line is staffed 24/7 at (888) 437-7747.

On this page

What Marital Property Division Means in Brooklyn

N.Y. Dom. Rel. Law § 236(B)(1) supplies the definitions that frame every New York property division. Marital property is defined broadly as all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of which spouse’s name the property is held in, except where the spouses have agreed otherwise. Separate property is a narrower, specifically defined category: property acquired before the marriage, property received by bequest, devise, descent, or gift from someone other than the spouse, compensation for personal injuries, and property acquired in exchange for separate property or the increase in value of separate property, except to the extent that increase is due in part to the other spouse’s contributions or efforts.

That last exception is frequently misunderstood. Appreciation in the value of separate property is not automatically separate; if the appreciation resulted in part from the other spouse’s contributions or efforts, that portion of the increase can be treated as marital property subject to distribution. This makes tracing the source and growth of an asset an important part of many Brooklyn property disputes, particularly where a spouse brought an asset into the marriage that grew significantly in value during the marriage.

Once property is classified, only the marital property is distributed under the equitable distribution factors in DRL § 236(B)(5); separate property remains with its owning spouse. Brooklyn spouses working through a property dispute should expect the classification question, marital or separate, to be addressed carefully and, where the facts are contested, with supporting documentation showing when and how each asset was acquired and whether it changed in value during the marriage.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

When a Brooklyn client’s case involves disputed property classification, Mr. Sris and the firm’s Of Counsel attorneys begin by identifying every asset in question and gathering the documentation needed to establish when it was acquired and from what source, applying the definitions in DRL § 236(B)(1) to determine whether each asset is marital or separate property.

Where an asset that started as separate property has grown in value during the marriage, the firm examines whether that appreciation is attributable in part to the other spouse’s contributions or efforts, since that determination affects whether the increase itself is treated as marital property subject to distribution. This tracing work often requires financial records spanning the length of the marriage.

Mr. Sris and the firm’s Of Counsel attorneys use this classification analysis to negotiate toward a settlement or, where the parties cannot agree, to present the client’s position at a hearing in Kings County Supreme Court, addressing both the classification of disputed assets and, for property found to be marital, how it should be equitably distributed under DRL § 236(B)(5).

Throughout the matter, the firm explains how the statutory definitions apply to the client’s specific assets, without promising a particular classification or division outcome, since the result depends on the documentation available and the court’s application of the statutory definitions and factors to the complete record.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. His background in accounting and information systems from George Mason University applies directly to the asset tracing and financial documentation that marital property disputes often require. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which includes the Brooklyn property matters the firm handles in Kings County Supreme Court.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and assist Mr. Sris on Brooklyn marital property division matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

What is the difference between marital property and separate property in New York?

Under DRL § 236(B)(1), marital property is generally all property acquired by either spouse during the marriage before a separation agreement or divorce filing, regardless of title. Separate property includes property acquired before the marriage, gifts or inheritances from someone other than the spouse, personal injury compensation, and property exchanged for separate property.

If I owned an asset before marriage, is it always separate property?

Generally yes, for the asset itself, but any increase in its value during the marriage may be treated as marital property to the extent that increase is due in part to the other spouse’s contributions or efforts, rather than being automatically treated as separate.

Does it matter whose name is on the title of an asset?

No. DRL § 236(B)(1) defines marital property based on when and how it was acquired, regardless of the form in which title is held, so an asset titled solely in one spouse’s name can still be marital property.

Are gifts and inheritances considered marital property?

Generally no, if the gift or inheritance came from someone other than the spouse; DRL § 236(B)(1) classifies such property as separate, though it can lose that status if it is commingled with marital assets in certain ways.

How does a Brooklyn court decide who gets what once property is classified?

Once property is classified as marital, it is distributed equitably under the sixteen factors in DRL § 236(B)(5); separate property is not subject to distribution and remains with its owning spouse.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.