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equitble distribution
Did a Property Transfer Occur? Husband Could not Rely on the Property Settlement Agreement to Compel the Sale of the Marital Home Because the Deed Controlled.
An interesting issue was recently considered by the Court in the case of Muller v. Muller. Specifically, the Appellate Division examined whether a husband could compel the sale of the marital home when he had conveyed his interest by way of deed about ten years earlier, but the parties’...
Husband's Sweat Equity Awards Him Greater Share of Marital Real Estate - Is a Slippery Slope Afoot?
In cases where a party owns a business, as justification for a disproportionate split of the business in equitable distribution, we often hear that the titled spouse has to be rewarded for their effort, ingenuity, ideas, etc. related to the business. While arguably those things could be part...
Is Keeping the House Really a Good Idea?
We are in the midst of the Spring real estate season and this is the time during a divorce when one spouse will inevitably want to list the marital home for sale. Often times, the parent likely to be the primary custodial parent will offer resistance with the best of intentions, because he or she...
Preparing for the Divorce Process
Previously, Sandra Fava, a contributor to this blog, did a piece on preparing for the initial divorce consultation with a lawyer. The process, however, starts even before that. On our web site, we have an advice piece entitled Preparing for the Divorce Process. Since it is linked...
HOW TO PREPARE FOR THAT INITIAL DIVORCE CONSULTATION
Visiting a divorce attorney for an initial consultation can be a difficult and intimidating proposition. For some, it is the realization that their marriage may be over. For others, it is simply the discussion of such deeply personal matters with a stranger. Nerves or trepidation aside,...