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Partition, The Division of Property Between Co-Owners

November 6, 2018 by  
Filed under Uncategorized

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You own a property with someone you planned your future with, bought it together as an investment, or obtained title together, but there comes a time when you decide you need to separate your interest in the property but the other owner won’t agree.  What do you do?  You pursue a partition action.

When a property is owned jointly with another person, and you want to separate your ownership interest and sell the property but the other owner won’t cooperate you can ask the court to partition the property.  In a partition case the court can order the public or private sale of a property.   Once sold the court can determine how the proceeds of the sale should be distributed between the owners based on their ownership interests, give set-offs and credits for things like; upkeep of the property, the payment of the property’s expenses, the cost of mutually approved improvements to the property, and to the extent to which one owner is out of possession of the property they may be entitled to a portion of the fair rental value of the property from the owner in possession.

Where the joint owners are married partition is often alleged as part of a divorce case so as to give the court options beyond what equitable distribution may provide for.  Technically the partition can only happen after the parties are divorced.

If you need to separate your interests in a property from a co-owner or need to discuss partition as part of a divorce case contact us to arrange a consultation.

Uncontested Divorce In Florida

November 1, 2018 by  
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An “uncontested divorce” is as the name suggests a divorce without a contest, an unopposed divorce or a divorce based upon an agreement.  If a Husband and Wife can reach an agreement concerning the issues in their divorce case, and the agreement is consistent with the requirements of the law,  they can pursue an uncontested divorce using a divorce agreement or through the Respondent filing an Answer and Waiver to the Petition.  This is not the same things as a “simplified divorce” which has its own set of additional requirements such as both the Husband and Wife having to attend the final hearing.

If the parties go the uncontested divorce route, they can usually avoid the extra expense and extra stress commonly associated with a contested divorce and can usually get divorced from one another much more quickly than in a contested divorce case.  In an uncontested divorce the parties can also benefit from being able to agree to terms that fit their lives best and their best interests rather than having terms that may not fit their lives so well imposed upon them by the Court.

If you are able to agree with your spouse on the issues in your divorce case such as: the distribution of marital assets and debts, alimony or the lack of it, children’s’ issues like time-sharing, parental responsibility, and child support calculated pursuant to the guidelines, you may be good candidates for an uncontested divorce.

If you would like more information on the uncontested divorce process and to find out if it may be right for you please contact us to arrange a consultation.

Alimony Will No Longer Be Tax Deductible to the Payer in 2019

July 20, 2018 by  
Filed under Uncategorized

According to the Tax Cuts and Jobs Act, in divorces entered or modified after Dec. 31, 2018, alimony will no longer be deductible for the payer, and taxes won’t need to be paid on it by the recipient. This is a change from the long standing position that the payer would not pay taxes on the alimony they paid and the recipient would have to pay the taxes on the alimony they received.

Wrongful Detainer, When a Person Who is Not an Owner or a Tenant Will Not Leave Your Home

March 30, 2018 by  
Filed under Uncategorized

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It came as a complete surprise to me how frequently people try to stay in other peoples homes without a legal right to be there, and how the police may not to be very helpful in resolving the situation and may even assist the person without ownership or tenancy in the home to gain access to it or remain there.  It seems horrific that someone who forced their way into your home or whom you invited in may refuse to leave, and that the police might not assist you in having them removed and may even tell them they have some right to be there. For instance, a friend who stays at  your residence, overstays their welcome, and then refuses to leave.

If you are faced with such a situation you need to consult with an attorney to evaluate your options, determine if you are able to complete an affidavit based upon which an illegal occupant can be removed by the police, or if you do not qualify for the affidavit and need to file a wrongful detainer action to get the illegal occupant out.

A wrongful detainer action is for when you are trying to remove someone from your home; when you are the owner or legal tenant; the person you are trying to remove is not a tenant or legal owner; and there is no agreement for rent.  Wrongful detainer is a distinct and separate cause of action from eviction and ejectment.  It is important to file the correct cause of action to prevent unnecessary delay in getting the person illegally occupying your home out.  If you have a person illegally occupying your home who is neither an owner or a tenant without an agreement for rent you scan contact us for a consultation about getting your home back.

 

Interpretation of a Marital Settlement Agreement

February 28, 2018 by  
Filed under Uncategorized

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It is a well known fact that most cases resolve without the need to go to trial.  Often times cases resolve at mediation.  But that does not necessarily mean that there will not be litigation as to the interpretation or enforcement of a settlement agreement or mediation agreement later on.

For instance, in Rose v. Rose the parties entered into a mediated agreement where the wife could have exclusive use and possession of the former marital home until the parties daughter finished her four year college degree.  The agreement also stated that on sale of the home the proceeds would be slit evenly between the parties.  That sounds simple enough doesn’t it?

Well not quite.  The former wife took the position after the parties daughter had finished her four year college degree that the agreement did not specifically say that the home then had to be sold at that time or any other time.  It took a trial court’s and then an appellate court’s rulings to determine that the timing of the sale though not specifically stated was sufficiently stated to be enforceable as the home should be sold once the parties daughter had finished her four year college degree.

Even after the appellate Court made this ruling the case was sent back to the trial court to determine if the former husband had repudiated the mediated agreement by failing to make payments due under it.

So if you are entering into a settlement agreement keep in mind issues as to the agreement’s meaning and interpretation may come up later so you need to spell out as accurately and in as much detail as you can what is being agreed to.  It is best not to cut corners, spend the time, and have your attorney review it.

 

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.