Claiming Appreciation Of Separate Property
Often during a divorce, one spouse seeks a share in the other spouse’s appreciation, or growth, of that person’s “separate property.” This is certainly justified in some cases. However, the burden is on the spouse seeking the same to establish the value of the separate property at the time of the marriage (i.e., a baseline value of the separate property) and the present value of said separate property at the time an action for divorce is commenced, and how the property increased because of the contributions of the spouse seeking the motion.
Experts are often needed to testify to persuade the court that a spouse is entitled to a share in said separate property. I am attorney Kurt Richards, and for over 25 years have represented more than 3,000 clients successfully in their divorce and family court matters in New York and New Jersey. I know whom to call on when it comes to determining the equitable distribution of all assets, including those you helped to grow.
Contact my office at 718-720-1000 for a free consultation.