Manhattan Divorce Attorney Juan Luciano Explains the Difference Between Marital Property and Personal Property
August 26, 2022 at 15:41
Manhattan divorce attorney Juan Luciano releases a new article (https://divorcelawfirmnyc.com/can-a-spouse-throw-out-my-belongings-during-a-divorce/) explaining the differences between marital property and personal property. The lawyer mentions that during a divorce, emotions can become highly charged and spouses can do a lot of things in order to get back with the other party or just try to intimidate them.
“Spouses still owe each other a fiduciary duty during a divorce. While there are legal ways that they can require that you remove your personal belongings, if your soon-to-be ex-spouse has thrown away your personal property or is threatening to do so, he or she may be held accountable for any property that has been discarded, hidden, or otherwise squandered,” the Manhattan divorce attorney says.
The lawyer explains that a couple’s property is either marital property or separate property. Marital property refers to anything that is acquired during the marriage and personal property refers to anything that is brought into the marriage by one of the parties. Before the divorce becomes final, a lot of the belongings may be considered marital property.
Attorney Juan Luciano adds that it may be difficult to declutter the home after a divorce. A lot of things may be left behind and it can be distracting for the person who remains in the house. After a divorce, both parties need to focus on areas that are theirs. And this may be hard if the other party has left a lot of their things behind.
In the article, attorney Luciano adds, “You can be flexible with your ex if they need time to arrange and collect their belongings. However, you should not let them leave their things with you for a long time. It’s not a good idea to dig through piles of your ex’s possessions every time you go into the garage or spare bedroom. It is difficult for you to progress if someone controls your space in indirect ways. Give your ex a deadline so they can come and collect their possessions.”
Lastly, the lawyer emphasizes the importance of having a skilled divorce attorney when it comes to matters such as divorce. Having an experienced lawyer may be able to help the client understand their rights and responsibilities in a divorce case, and may be able to help them receive a favorable income.
About Juan Luciano Divorce Attorney
Juan Luciano has spent his career in the complex legal world of family law. He has earned a reputation for excellence at the negotiation table as well as when in court. He is also fluent in Spanish. Contact us today at (212) 537-5859 to set up an appointment for a consultation with New York divorce lawyer Juan Luciano.
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