Category Archives: Distribution of property

Keeping the House

One of the most common desires divorcing couples who have children express is for one of them to keep the marital residence. Understandably, there is a strong emotional attachment to a home, especially one that is owned. The desire to keep that home is…. Continue reading

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Hiding assets in a divorce – just not worth it

Sometimes people are tempted to leave assets off of these disclosures. This just seems silly to me. The other party nearly always discovers the omission. If assets are hidden, then that provides grounds for any settlement or judgment entered to be set aside and tends to piss off the judge…. Continue reading

Posted in Discovery, Distribution of property, Divorce / Dissolution of Marriage, Evidence, Family Law | Tagged , , , , | Leave a comment

Quick, claim the quitclaim

I took a call from a lady who has called several times over the past two years for help on various things. Today she was asking about a quitclaim deed. Some call this mistakenly a “quick claim” deed because they think it is quick. Actually, it is a “quitclaim” or “quit-claim” deed because the grantor is quitting their claim to the property. They are merely… Continue reading

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Blended families and estate planning

If you have a blended family be sure to talk to a lawyer who understands these issues to make sure your family is protected the way you want if you were to pass away. Continue reading

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Dividing stuff up

In short, a domestic support obligation that arises from the distribution of property will be treated as a general unsecured debt in a Chapter 13. This creates a quandary for settling matters, especially in this market where houses (the major asset that is divided up in a divorce) take so long to sell. If there is a major asset, like a house, that has equity to be divided and one party wants to hold onto it or control its sale, one strategy is to realize that equity through debt. Continue reading

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Things to be aware of when facing divorce and debt

Bankruptcy of an ex-spouse after the entry of a divorce decree (the dissolution of a marriage) can have substantial implications of obligations owed by that ex-spouse to you. I’ve written a post regarding domestic support obligations in Chapter 7 as compared to Chapter 13 bankruptcy and I encourage you … Continue reading

Posted in Assignment of debt, Distribution of property, Divorce / Dissolution of Marriage, Family Law | Tagged , , , , , | 2 Comments

Oh, no! The status quo

When one spouse decides to pursue a divorce, the non-filing spouse often feels an overwhelming sense of powerlessness. Their world turns upside down and the decision frequently surprises them. In these moments, desperation sets in and the non-filing spouse makes concessions to the filing spouse to try and win them back. The danger this creates is… Continue reading

Posted in Child custody, Child support, Distribution of property, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law, Time-share | Tagged , , , , , , , , , | Leave a comment

Special Needs Trust: Protect assets of disabled family

A special needs trust is one ordered into being by a District Court Judge, usually one in the Probate Division. The petitioner pursuing creation of the trust has specifically mandated pleadings to make and proposes the language of the trust. Once the court orders it into being, the special needs trust protects assets, such as monetary awards from lawsuits or settlements over a negligent injury, from going… Continue reading

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