Family Law Residential Real Estate

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Gift tax Consequences of Real Estate Transfers

Often times, one partner in a same-sex couple owns real property and seeks to add the other partner to the title or deed for no consideration (i.e. when no money or other type of payment is received in return). Though this...more

Texas Supreme Court Opinions and Orders (5/14)

No. 12-0983, McAllen Hospitals, LP v. State Farm County Mutual Insurance Company of Texas - The Court addressed some of the mechanics of Hospital Lien Statute (Texas Civil Practice and Remedies Code chapter 55). State Farm...more

Appellate Court Notes - Week of March 19

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Spanish Court Two Condominium and Three Other Civil Opinions on Thursday

The Illinois Supreme Court has announced that it expects to file opinions in four civil cases on Thursday morning, March 20. Among the new opinions will be one of the two most anxiously awaited cases on the court’s advisement...more

What Are the House Ownership Options When Parents and Adult Children Live Together?

Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, more than 50 million Americans, or almost 17 percent of the population, live in...more

What's Pending on the Illinois Supreme Court's Advisement Docket?

As we near the opening of the March docket, it's time to take a look at the civil cases that are argued and pending for decision before the Illinois Supreme Court. The Court is quite up-to-date on its docket at the moment,...more

High Net Worth Family Tax Report, Vol. 8. No. 3 -- September 2013

Supreme Court Holds Defense of Marriage Act Unconstitutional - On June 27, 2013, in a landmark ruling, the United States Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The...more

Options for Transferring the Primary Residence Pursuant to Divorce and the Tax Consequences

There are several options about how to handle the house as part of a divorce settlement. Each one involves details that require attention. Besides the issue of the sale of the house, costs such as upkeep, insurance, and...more

How Domestic Partners Can Hold Title to Property in Arizona

In today’s world, fewer marriages exist and more people are cohabitating in committed relationships for various reasons. Arizona’s community property laws do not apply to the ownership of real property between...more

Dividing Vacation Property Whether Rental or Personal Use; Getting Away From the Getaway

Many couples have a vacation home that they use for their personal use or as an investment (rental property). When divorcing, how it was used and how it will be used indicates the way to divide the vacation property. Here I...more

Minnesota's Marriage Equality Act: What You Need to Know

On May 14, 2013, Governor Dayton signed into law legislation revising the definition of "marriage" in Minnesota to include same-sex marriage. The law becomes effective August 1, 2013....more

Philadelphia Passes Ordinance Expanding LGBT Rights

On April 25, 2013, Philadelphia City Council passed the LGBT Equality Bill, Bill No. 130224, which Philadelphia Mayor Michael Nutter signed into law on May 9, 2013. ...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Share Of Appreciation Not Granted In Prenuptial Agreement

A recent Florida appellate court decision provides a drafting lesson in prenuptial agreements - if a spouse is to receive an interest in appreciation in an asset, the agreement should be specific on that....more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

The Eleventh Circuit Discusses When The Government Can Take Your Wife's Stuff To Make Resitution For A Crime You Committed

When a person is convicted of a federal crime, especially in a fraud case, but in lots of other kinds of federal criminal cases too, the district court sometimes also orders that the person pay restitution....more

Next Conférence: "Les acteurs-clés des investissements immobiliers transfrontaliers"

AIJA/ ABA Seminar/ Key Players in Cross-Border Real Estate Investments: La conférence réunissant des experts internationaux, "Les acteurs-clés des investissements immobiliers transfrontaliers",...more

Legal Sense with James Andrews

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

Financially Adrift and Lost on Long Island

A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more

Pseudonym v. Wachovia Mortgage Corporation

Appellant's Brief to the Dallas Court of Appeals

In a divorce case, the trial court awarded the marital residence to the wife. Wachovia held a lien on the residence resulting from a home equity loan taken out during marriage by the husband without the wife's knowledge....more

CFPB: Next Up, Reverse Mortgages!

In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...more

New York High Court Issues New Decisions

Steven Getman attorney reports that the New York State Court of Appeals has issued a number of new decisions this week on several important issues in civil and criminal law. * * * * * * * * * * Steven Getman Attorney Steven...more

E3931. Asking Location of Handgun Permitted if Exigent Circumstances. 2. Out of Court Statements Not Admissible. 3. Prior NY DWI...

1. Asking Location of Handgun Permitted if Exigent Circumstances. State v. Melendez 423 NJ Super. 1 (App. Div. 2011) Relying on the public safety exception in New York v. Quarles, 104 S. Ct. 2626, 2631 (1984), and State...more

Never Let The Objection Be About Price

When someone talks about price it’s the best BUYING Signal you can ask for. Evenif it is a price objection, the prospect has made that mental leap and thought about owning what you have to sell. The request for the...more

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