One of the most significant issues in a divorce is the division of property. Ideally, you and your spouse will be able to reach a mutual agreement about who gets what property. If you’re not able to agree, you’ll have to pursue litigation where a judge will decide for you how your property will be distributed. In some cases, like high-net-worth divorces, it may be best to move straight to litigation.
Should We Sell Our Home Before or After Our Divorce?
If you are considering divorce and you and your spouse own a home together, you’ll need to make some decisions about what to do with the property when you are no longer living together. Often, this means selling the home. New York is an equitable distribution state, meaning that a court will make every attempt to ensure that property is divided between you and your ex-spouse as fairly as possible — which may not always mean equally. If selling your home is on the table, you need to know whether it’s better to sell the home before your divorce is finalized, or after. Here’s what you should know.
How Can I Get My Soon to Be Ex Spouse to Leave the Home?
Living with your soon-to-be-ex-spouse under the same roof after you’ve decided to get a divorce can be extremely uncomfortable. If neither of you wants to leave the home, what are your options? Does New York law allow you to evict your spouse? Here’s what you need to know.
Eviction is a legal remedy that allows a landlord to require a tenant to leave property the landlord owns or leases. In most cases, this occurs because a tenant has failed to pay their rent on time, or if they’ve committed a crime on the property. If a landlord wishes to evict a tenant, they must pursue a court order that gives them the right to force the unwilling tenant to leave the residence within a certain amount of time and remove their belongings from the property.
What Will Happen to My Bank Accounts in My Divorce?
In the event of a divorce on Long Island, all of a couple’s assets, property, and debts are divided between them in a process known as Equitable Distribution. Under New York law, this is done equitably, meaning fair but not necessarily equal. Here’s what you need to know about what may happen to your bank accounts after your divorce and how to get legal help to protect your financial assets as you dissolve your marriage.
Robert E. Hornberger on Podcast Discusses Marital Residence
Attorney Robert E. Hornberger, Esq., of Hornberger Verbitsky, P.C., appears on Eye on Real Estate, a podcast and radio show with Dottie Hermann, CEO of Douglas Elliman, the fourth leading real estate firm in America. He discusses topics related to splitting the marital residence in New York and distributing separate and marital property in a divorce. Eye on Real Estate is dedicated to exploring mortgage news and market trends and answering tough real estate questions asked by listeners.
I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!