Commingled Assets and Transmutation

New York Commingled Assets & Transmutation Attorney Helping Clients Solve Property Issues During Divorce in Orange, Dutchess, & Ulster County

New York is not a community property state. For divorce settlement purposes, all property is characterized as separate property or marital property. Separate property is defined as any personal asset that is retained as a spouse’s individual property, with or without a prenuptial agreement stipulating the status of the property. Marital property is defined as all property obtained by the spouses over the duration of the marriage. This includes property jointly purchased, such as a house.

What Should be Considered Separate Property? What is Commingled Property?

It seems simple enough, but it gets complicated when separate property increases in value over the course of the marriage, or separate property was commingled with marital property. In addition, property such as pension funds are subject to characterization as marital property, even if only one spouse worked and contributed to the fund. Under the Majauskas formula, the non-contributing spouse is entitled to receive one half of the value of the appreciation of the retirement fund during the course of the marriage, including expected future earnings from the appreciated amount.

I have experience in all areas relating to division of assets, commingling of funds and equitable distribution of marital property, including:

Separate property brought into the marriage may become commingled with marital property, re-characterizing the property as marital property. Divorcing spouses often face intense disputes over the characterization of separate property as commingled assets, particularly in divorces involving individuals of high net worth.

Marital property laws in New York are complex. Don’t trust your financial future or your settlement to what your spouse’s lawyer deems fair. At the firm of Jonathan D. Katz, Attorney at Law, we have been helping people protect their rights and financial interests in divorce for more than a quarter of a century.

Call the Experienced Divorce Attorney, Jonathan Katz

Contact our offices in Saugerties, New York, to arrange a consultation about your property settlement. When I meet to discuss your concerns, I will go over your current circumstances and clearly explain the laws of property transmutation in the state.

Client Reviews
I was living a nightmare of being falsely accused in a judicial system that considers all fathers to be dead beat dads until proven innocent. Living out of state and facing the possibility of jail, I miraculously found Jon’s website and called his office. Within a week the tables were turned, the lies were exposed, and the harassment was stopped. If you need someone that will challenge the system, then you need Jonathan Katz. Greg Weaver
Jon’s integrity towards his clients is what makes him a standout attorney. He makes it a priority to know what's important to you. You’re not just a number. He is upfront with you right from the start. He will not string you along just for his financial benefit. He is only willing to settle the case if that's truly what you want. Anytime I called him I received a call back from him that day. Not someone else in the office. He is an attorney that has a passion for what's important to his clients. John Morrissey
Being a single mom, I had enough stress in my life. I had no idea how to go about protecting myself. My daughters were my priority. Jon walked me through the process. He turned a difficult time into a workable solution. Diane Chiriani
Jon thinks well, works to be clear and honest. He works to get to a strong argument. He seems to have a good working relationship with everybody at the courthouse. I get the feeling he has no trouble thinking like a judge. He is friendly and courteous. He doesn't overbill. He takes and returns calls promptly. His legal staff is friendly and competent. What's not to like? Rick S.
I liked that there was always transparency throughout my case. Genevieve H.