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Houses in Divorce can Only be Sold at the End of the Case

housesINdivorce-150x150In a recent case heard in Manhattan Supreme Court, Justice Milton A. Tingling ordered the sale of a Queens home by a receiver at a price set by the Court.  The home was ordered sold during the course of the marriage.The Appellate Division (an appeals court) ruled that Justice Tingling should not have sold the home during the pendency of the proceeding while the valuation on the appraisal report had not been turned over to the parties.

Dr. Steven Thomas Moran had brought a proceeding for the appointment of a receiver to sell the marital home at the start of the divorce proceeding.  He contended that his wife, Justine Claire Moran, had prevented the sale of the home by asking for $850,000.00 as the listing price of the home.  Dr. Moran claimed that this was more than $200,000.00 above the house’s market value.  Justice Tingling ordered that a receiver be appointed because Mrs. Moran had listed the home at a level “grossly in excess of any appraised value”.

Two weeks before this appeal was argued, on September 15, 2010, both sides were able to work out a settlement.  Unfortunately, Justice Timberling, did not approve the settlement until two weeks after the case was argued before the Appellate Division.

Decision of the Appellate Division

The Appellate Division stated that the law is well settled that prior to the entry of the Judgment of Divorce, a court may not order the sale of marital property.  This is specifically true for assets held in tenancy by the entirety (equal shares by the spouses).

Long Island Divorce Lawyers

Our law office has an extensive practice representing individuals in divorce proceedings.  We actively litigate custody proceedings, family court proceedings,as well issues involving the division of property and annulments.  We protect fathers’ rights and mothers’ rights in divorce proceedings.  Should you have an issue involving a matrimonial or family legal matter, feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Division of Property in a Divorce

homepage-property-divisionThe division of assets in a divorce can be a significant issue. Lawyers are expensive. They charge on an hourly basis. A “common sense” approach to division of assets can reduce your legal expenses.

Both parties may have deferred compensation assets, such as pensions, 401Ks, 403Bs, and IRAs. You should establish the value of these assets and trade them off if possible.

If the man uses the power tools on a regular basis, the majority of these tools should be given to him. If the woman utilizes a sewing machine or other items of that nature, she would be the logical owner of this equipment.

Disagreements Concerning Property Division

The division of property should only be brought to the court as a last resort. Litigating property division issues can be very expensive. An alternative to dealing with property division issues is to simply sell the property and divide the cash. Unfortunately, used personal assets generally do not generate a reasonable sales price at a tag sale.

Should you have questions concerning division of property, contact the family law attorneys at the Law Offices of Schlissel DeCorpo by email or at 1-800-344-6431.

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