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Real Estate & Family Law Blog

Although going through a divorce is seldom something to look forward to, it may be the best course of action in some situations. Having a skilled divorce lawyer on your side will ensure the process goes as smoothly as possible. This piece will look at what you'll need to bring to your first legal session and what facts your divorce lawyer will need to know. What to Bring to the Meeting Bring as much supporting documentation as possible to your consultation. This will assist your divorce lawyer in appropriately assessing the situation. Helpful documentation may include: A copy of your marriage certificate Dates of marriage and separation A copy of any separation agreements, if applicable Copies of any prenuptial agreements or postnuptial agreements, if applicable Financial history (If possible, include tax returns, several months of pay stubs, and bank and credit card statements.) A list…Read More

Divorce is a significant and life-altering decision. There are many often painful reasons why individuals decide to divorce, and the emotional toll can be severe. To add to the challenge, the prospect of litigation can be financially taxing on both parties. Are there any options that can lessen these difficult impacts, at least to some degree? Fortunately, there are--divorce mediation is one of them. In this post, we will consider what divorce mediation is and the four benefits of choosing this course. What is Divorce Mediation? Divorce mediation is a method of resolving disputes between two parties seeking to dissolve their marriage. In mediation, the parties will work with an objective third party (the mediator) to devise a mutually agreeable resolution to the issues. This is usually done through negotiation and compromise. The mediator may assist you in reaching an agreement on matters like property…Read More

A loan document should accompany any monetary loan. Whether you are a commercial or real estate lender or need to draft a contract document for a loan you will be issuing personally, here are some things you may need to know. What Should Be Included in Drafted Loan Documents? All loan documents should include some basic information and clauses, including: Identification of the parties involved: The names of the lender and borrower(s) must be included. All parties should be identified by their full legal names, and their addresses are usually included also. The name of the lender's company and its address should be listed. The purpose of the loan: In this section of the loan application, you should identify the type of loan involved: an unsecured personal line of credit or a secured loan. If it is a real estate loan, you should state that…Read More

Home buying is exciting, but it can also feel overwhelming with all the steps involved. If you're considering buying a house, you probably have many questions, such as: 'What should I look for in a home?' or ' 'What is the process involved in buying a house?' You may also wonder whether it's necessary to have a real estate attorney when buying a house in New York. This post will consider the answer to that question and how real estate attorneys help home buyers. Is a Real Estate Attorney Necessary for Home Buyers in New York? If you are purchasing property in New York, you will need to work with an attorney to negotiate the sales contract and represent you at the closing. A real estate attorney will work to ensure that the contract is in your best interests and that all terms are clearly…Read More

The possibility of going through a divorce with a long legal struggle might be tough to swallow during an already trying time. Alternative conflict resolution methods, such as collaborative divorce, can eliminate the time-consuming and often unpleasant court litigation process. Here, we'll consider four benefits of collaborative divorce and how you can know whether it's right for you. What Is Involved in Collaborative Divorce? Each spouse works with a collaborative law attorney during the collaborative divorce process. Instead of operating as opponents, these lawyers will work together to accomplish mutual goals. The former spouses and their attorneys sign a contract to collaborate to resolve any problems. The contract requires the attorneys to withdraw if the collaborative arrangement fails. Both partners will then need new legal representation and file a court lawsuit. This stipulation incentivizes the couple to resolve their issues and reach an agreement within…Read More

Buying or selling property can be complex, with many steps involved and details to keep track of. If you're considering buying or selling property, you may wonder whether you need to work with a New York real estate lawyer. Here, we'll discuss what real estate lawyers do. Real Estate Lawyers: Their Role and Responsibilities Real estate lawyers handle the legal aspects of property transactions. They help people avoid legal issues by making sure they understand the contracts they sign and know their rights. They also help buyers and sellers get through the closing process smoothly—from handling paperwork to negotiating terms and conditions with other parties involved, such as banks. Your real estate lawyer's exact duties will depend on your individual needs. For example, if you are buying, your lawyer will review the documents to ensure they don't contain any clauses that could put your interests…Read More

What is Collaborative Divorce?

Collaborative Divorce helps divorcing couples stay out of Court while at the same time providing both you and your spouse with independent and dedicated attorneys. At the beginning of the collaborative divorce process, both you and your spouse along with your respective attorneys will sign a collaborative participation agreement. In this agreement, everyone agrees to stay out of court and in the event that either party decides to litigate, the two attorneys will be precluded from representing the respective clients in the context of the litigation. This good faith contract helps couples to settle their divorce issues in an amicable and cooperative manner and avoid the pitfalls of divorce litigation. It is a good idea for you and your spouse to avoid court for many reasons. Firstly, legal fees really begin to mount and pile up quickly once the Court is involved in your divorce.…Read More

Certificates of Occupancy

When you purchase a property, you want to make sure that the structures and improvements that have been made to the property were done with all necessary permits and inspections that the city, town, or village requires. The standard New York Contract of Sale for residential transactions contains the following language (or language to this effect): The delivery by Seller to Purchaser of a valid and subsisting Certificate of Occupancy or other required certificate of compliance, or evidence that none was required, covering the building(s) and all of the other improvements located on the property authorizing their use as a one family dwelling at the date of Closing (or multi-family dwelling if that is the case on a particular transaction). This is a simple but important provision and is put in to protect the buyer from taking a property that has improvements or additions made…Read More

New Maintenance Laws Now Effective in New York State

The New Maintenance Laws have greatly effected the way alimony (termed “maintenance” in NY) is handled in New York State. The new law, which went into effect on 01/25/2016 throws out the former way the Courts determined alimony or maintenance and had done so for decades. The Courts used to weigh a number of factors and make a discretionary determination concerning the amount and duration of alimony payments that was appropriate for the case at hand. The determination considered multiple factors (about 20) including the length of marriage and the amount of time the recipient of maintenance would need to become self-supportive. The new maintenance law in New York has replaced this discretionary analysis with a mathematical formula that is similar to the child support calculations utilized in New York in the sense that each formula is based on the two parties’ respective incomes and…Read More

Does NY recognize common law marriage?

The short answer is: NO… However, as with most legal issues, there is no black and white. The NY Courts have stated that without a marriage – there will be no recognition of an implied contract. This is a huge impediment to someone seeking any sort of support or a share of property based on a romantic relationship that is not consummated by marriage. The highest court in New York – the Court of Appeals – stated in Morone v. Morone (1980) that it is not reasonable to infer an agreement to pay for services rendered when the relationship of the parties makes it natural that the services were rendered gratuitously. The Court further stated that it is hard for Courts to sort out intentions of parties and provide awards based on conduct carried out within private and non-contractual relationship. Contrast that with marriage, which…Read More

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