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My divorce took a turn when my spouse demanded half the value of our apartment — the problem was we didn’t actually own it Victoria Vesovski November 23, 2024 at 3:44 AM
As a remedy, the court may grant the wronged co-owner the fair rental value of the property for the time that they were ousted. Each owner has a right to an accounting of profits made from the property. If the property generates any income (e.g. rent, farming, etc.) each owner is entitled to a pro-rata share of that income.
In either case, a Partition Referee is appointed to carry the interlocutory judgment into effect. The Partition Referee may be authorized to employ attorneys, surveyors, real estate broker, engineers, and the like. The sale by the Partition Referee can be made by either public auction or private sale, whichever is more beneficial to the parties.
ROFR also arises in visitation agreements/orders in divorce cases. In such cases, a ROFR may require a custodial parent to offer parenting time to the non-custodial parent (rather than having a child supervised by a third party) any time that the custodial parent or their family is unable to exercise their right to parenting time (such as if ...
This order is separate from the divorce agreement, though it’s based on the decree’s contents. A QDRO must be approved by the court and sent to your 401(k) plan administrator.
Whether you sell the home as part of the divorce agreement or buy out your spouse’s share, capital gains taxes could come into play. This is a tax on the sale of assets, such as a home, when the ...
Community of Acquests and Gains: Each spouse owns an undivided half-interest in all property acquired during the marriage, except for property acquired by gift or inheritance during the marriage, which is separate property; or which traces to separate property acquired before the marriage, which remains separate property; or which is acquired during a period when the couple are permanently ...
A morality clause in a divorce agreement is a provision that spells out what each party can or cannot do in the presence of their children. The purpose of a morality clause is to regulate behavior ...
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