Q: Facing divorce, I pay my spouse out. We are both on deed, only me on mortgage. Is Interspousal transfer deed or quit claim deed any different in transfer tax in NY? Will this cause re assessment of property tax, make it go higher? How it might affect the selling of the house in the future? I appreciate your reply…Read More
Q: I live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter…Read More
Q: I’d like to petition the court for full custody. A: Financial ability to support a child is but 1 factor in a custody determination. There are numerous others which need to be analyzed, including length of time the agreement’s been in place, compliance therewith, availability to the child, preference of the child (depending also on child’s age), etc. You’re…Read More
Q: New York is taking out a percentage of my retirement to my x spouse. They take it out every month however my x spouse doesn’t do anything with. It is just staying in the ny account. Since she doesn’t touch it. Would I by chance get it back if she does nothing with it ? A: No, not necessarily.…Read More
Q: Married 21 years, divorced 1 and half years. Homemaker for entire marriage. Reread divorce stipulation agreement and there’s nothing about what, if any, benefits I may be entitled to on my X spouses retirement plan. The agreement doesn’t mention anything about it. I’m wondering if I could find out? If so how? Or if it’s not written in agreement…Read More
Q: Our friend was divorced in NY ten years ago and never got any of the court papers. She didn’t even know she was divorced. The court file shows the following: 1. Plaintiff-Husband claimed to live in Mount Vernon NY but in fact we believe this to be false because he owned a house in the Bronx and still lived…Read More
Q: I live in New York, The house In which my four children (ages 3,4,5, and 11) live, as well as myself is owned by myself and my ex husband. We live in the house, he does not. I am on the deed of the house. He is on the deed and mortgage.. Approx. a month and a half ago,…Read More
Q: She has been calling my job initiating I’m having an affair with an associate which is clearly not through trying to get me terminated from work and calling my cell phone and texting nonstop using extremely vulgar language A: You’re best advised to file for an order of protection as well as a divorce case. The sooner you terminate…Read More
Q: Divorced July 18th 2018. I was to sign over deed after 7 days. Which I complied and did with attorneys. As of today I’m still on mortgage. Stipulation agreement states that if he hasn’t complied after 120 days that I’m able to force sale of home. Question is how would I force the sale? A: You may need to…Read More
Q: My wife and I just signed our divorce stipulation agreement. When is it binding? What are next steps before we are legally divorced? What is the realistic timeframe? A: The agreement is generally “binding” upon signing. The next steps are submission of the Judgment package – and then the Judge signing the Judgment of Divorce which officially divorces you.…Read More
