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Property Division

Buffalo Property Division Attorney

Protect your assets and property from distribution during divorce

One of the most contested aspects of divorce is the division of assets, property and debts acquired before and during marriage. When your financial future is hanging in the balance, you need an experienced family law attorney who knows how to protect your interests throughout the divorce process.

The Law Offices of Randy S. Margulis provides clients with effective representation in property division matters. I have 25 years of experience handling divorces throughout the Buffalo metropolitan area and know what it takes to protect your assets during divorce. Let me put my knowledge and skill to work for you today.

Experience matters when your assets are on the line

If you and your spouse cannot agree on how to divide your marital property, the law recognizes  a process called equitable distribution, which determines how your assets will be divided, and how your debts will be apportioned.  Equitable does not always mean equal.  There are a number of legal factors that go into such a determination.  Having the right experienced property division lawyer on your side can help save you a considerable amount of money in the divorce process.

To calculate each spouse’s share under equitable distribution, courts must first determine what assets are considered marital property and what qualifies as separate property. In New York, all property acquired during a marriage is subject to equitable distribution upon divorce.  There are, of course, exceptions and nuances to all the rules.  Sometimes property becomes commingled, and is difficult to classify.  Sometimes it is difficult to determine when a certain property right came into existence in the first place.  This includes all property acquired before executing a separation agreement or starting a matrimonial action, including:

  • Real estate
  • Bank accounts
  • Professional degrees or licenses
  • Pensions
  • Retirement plans
  • Stock options, 401(k)s and IRAs
  • Business investments
  • Credit card debt

However, separate property is not subject to equitable distribution. Separate property includes:

  • Property acquired by one spouse before marriage
  • Property acquired as an inheritance
  • Gifts from a person other than the spouse
  • Any increase in value of separate property
  • Property acquired in exchange for separate property
  • Property considered separate in a prenuptial agreement

During equitable distribution proceedings, spouses must prove that this property is in fact separate and not subject to division in the divorce.   Let my experience in this area work for you, to ensure that you keep as much of your hard-earned property, or that you receive as much of your fair share of the marital property, as possible.

Equitable distribution factors in New York

In New York, judges take many factors into account when determining each spouse’s share under equitable distribution, including:

  • The length of the marriage
  • Each spouse’s income
  • Each spouse’s age and health
  • Each spouse’s contribution to the marital estate
  • Loss of pension and inheritance rights
  • The need to occupy the marital home

When defending your rights, I put my knowledge of the law and experience settling cases to work for you, to ensure that your contributions toward the accumulation of marital assets is adequately compensated.  I have helped hundreds of clients throughout Western New York receive the financial support they needed after a divorce, and I stand ready to assist you today.

Effective representation. Proven results.

Call the Law Offices of Randy S. Margulis today at 716.886.9600 or contact our firm online to schedule an initial consultation.  From my offices conveniently located in Williamsville and downtown Buffalo, I represent clients living throughout the Buffalo metropolitan area and Western New York, including:

  • Akron
  • Amherst
  • Batavia
  • Cheektowaga
  • Clarence
  • Depew
  • Elma
  • Grand Island
  • Hamburg
  • Kenmore
  • Lancaster
  • Lewiston
  • Lockport
  • Orchard Park
  • Niagara Falls
  • Snyder
  • West Seneca
  • Tonawanda
Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 25 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Reviews & Ratings
  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

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    Client

  • lawyers
    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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    Client

  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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    Client

  • lawyers
    5.0/5.0

    Mr Margulis was one of the nicest attorneys I have ever had the privilege to speak to. He knows what he is doing and saying. I chose him because he was reassuring, respectful and understanding. He made my divorce easy, without regret and civil.I appr...

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    Client

  • lawyers
    5.0/5.0

    Randy was referred to me. I am so glad I chose him to represent me. He was efficient and extremely knowledgeable. I would recommend him to anyone and have recommended him to a friend of a friend.

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    Client

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AWARDS
BUFFALO / WESTERN NY
  • Niagara
  • Tonawanda
  • Amherst
  • Cheektowaga
  • Hamburg
  • Lancaster
  • Orchard Park
  • West Seneca
  • Akron
  • Batavia
  • Clarence
  • Kenmore
  • Lockport
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