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Six Terms to Consider In a Court Order on Disposition of Marital Real Estate

By Madelin Espino, CDRE, CDS Court Appointed Certified Real Estate Expert One of the most contested and aggressively litigated issues in any divorce proceeding is the disposition of marital real estate. The dissolution of a marriage often stirs intense anger, which may become the impetus for seeking revenge among former spouses. That desire for retribution sometimes leads the divorcing spouses to wage “war” over

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Key Judicial Considerations in Grey Divorce

By Madelin Espino, CDRE®, CDS Court Appointed Certified Real Estate Expert Grey divorce refers to the dissolution of a marriage involving couples who are age 50 or older. This phenomenon has become increasingly common, and its legal implications can differ significantly from those of divorces involving younger individuals. As life expectancy rises and societal norms evolve, more individuals in later stages of life are

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Four Ways to Avoid Breach of Contract When Selling the House

They say that the wheels of justice turn very slowly, and in that regard, we should be aware of the contractual conundrums that divorcing litigants face when selling their real property. In every real estate transaction, there are generally two contracts the owners enter into: 1) a Listing Agreement with the brokerage, and 2) a Purchase Agreement with the buyers. Each contract comes with

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Deferring the Sale

The chances of a real property buyout, or refinance in divorce cases has become less likely now than even before the market crash of 2008, thanks to interest rate hikes coupled with high home values. Because it is simply not feasible for many divorcing homeowners to qualify for a buyout mortgage, the trend of deferring the sale is increasing — along with the trends

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The Dangers of Missing Proceeds Distribution

This is as a friendly reminder to include proceeds division and distribution directives in sale-of-house orders between divorcing spouses! In addition to enforceability and protecting your clients’ interest, here are a few of the issues we see when there are no orders or written agreement regarding distribution of proceeds at closing: • Sale sabotage: When parties living in the house have no idea if,

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1031 Exchanges in Divorce

Due to rising home values, when it comes time to sell real property that is part of a divorce proceeding, your clients may face hefty tax consequences. They may suggest to you that they can roll their capital gains from one property into another one, or if it is their homestead property in Florida, they may be exempt from tax liability up to certain

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Selling a Home Amidst a Divorce

Divorce can be messy…Selling your home shouldn’t be! During divorce proceedings there are many concerns that homeowners face that can dramatically reduce their net recovery. For example: How much is the home truly worth? How should the proceeds be divided after the sale? Which is the best title company to handle the transaction? How can tax or construction liens be released? Would it be

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Florida Probate Court Information

1. What is Probate? Probate is the method by which the assets of a deceased person are gathered, creditors paid, and the remainder of the estate distributed to beneficiaries. In most Florida counties, the probate system is conducted in a specialized probate division of the Circuit Court, under the oversight of one or more probate judges. 2. How is Probate Initiated? Although any beneficiary

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Things to Consider when Selling a Home in Florida

The choice and decision of selling your house is never made on the spur of a moment. It may have impel because of your desire to live in a more beautiful home, the necessity to move for a new job or it could be a need to get a handle on out-of-control costs. Florida is not called the Sunshine state for nothing. The weather

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Selling at a Loss: Short Sales Explained

Sometimes in life we may face situations where it is best to cut your losses and run. If the loss is your home, it is likely that the decision to do this is understandably made almost too late. If you are in the unenviable position of having to sell up and downsize because of escalating costs, an efficient real estate agent can be your

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Why is it important to hire a Certified Short Sale Real Estate Agent?

Knowing you can depend on your real estate agent to navigate through the process of a short sale is crucial. Certified Short Sale Real Estate Agents can make an absolute difference when getting the lender to approve.   Short Sales only make up a fraction of the real estate transactions and most agents will have little or no experience.   Certified Short Sale Real

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Why is it important to hire a Certified Probate Real Estate Agent?

After a loved one dies, family members are left with the responsibility of handling the deceased final business affairs and determine their belongings. If the deceased had an estate of value and did not properly document into a living trust, you are required to go through the probate process.   Probate is the court-supervised legal procedure that ensures the proper people are given the rights

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Why is it important to have a real estate divorce specialist advocate in your favor?

Divorce itself can be a frightening time in a person’s life. It comes with an abundance of uncertainties, which can lead to the question, “Where do I go from here?” These unfortunate events in a person’s life can lead to feelings of indignation and utter frustration, particularly when facing the unavoidable truth that divorce brings out the worst in people. Let us not forget

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