Refinancing The Home BEFORE The Divorce?!

by Robin Roshkind, Esquire, West Palm Beach, Florida

One of my clients, the Wife, had the most daring request posed to her by her “amicable” Husband late one afternoon recently.  The couple is getting divorced and are participating in settlement negotiations with their respective CPAs and divorce attorneys.  Both the Husband’s name and Wife’s name are on the deed and the mortgage to the marital home which is here in Florida.  Another vacation home is up north in New York’s Hamptons communities. 

In the settlement negotiations, the Husband was to keep the marital home here in Florida in his name only by Wife quit claim deeding the home to him, and the Wife was to keep the vacation home in the Hamptons by him quit claim deeding that home to her.  He actually asked his wife to refinance the marital home WITH HIM, so that he could get the cash out, live there, have the home solely in his name, and pay her over time her equitable distribution from the marital assets!  In other words, her own money!  That takes balls.

Yes, I stopped her!  If she would have done that in the interest of being “amicable”, she would have further encumbered herself (read DEBT) in a property she no longer would have a legal interest in, and he would have the cash!  Then he would pay out over time, her own money. That is why divorcing couples need  divorce lawyers.  For more information call one of the divorce lawyers at ROBIN ROSHKIND, PA at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.

 

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Do NOT do divorce on your own if…

By Robin Roshkind, West Palm Beach, Florida

In today’s economy, couples are fighting with each other over money, one of the most common causes of divorce.  Some couples will attempt to do a settlement of all their marital issues on their own and without the advice of counsel, in order to save money in attorneys fees.  However, there are certain circumstances where a divorce REQUIRES the skills of an experienced divorce lawyer like those at my Firm, and a spouse would be penny wise and pound foolish to go it alone.

Here are the situations where having a divorce lawyer on your side is A MUST:

1.  Where a spouse is self employed.

2.  Where a spouse works for cash under the table.

3.  Where a spouse hasn’t filed a tax return in years.

4.  Where a spouse is the sole owner of a closely held corporation.

5.  Where there was a business formed by one or the other DURING the marriage, or where there is a spouse working in a family business.

6.  Where the spouse does not know the true net worth.

7.  Where the spouse does not have access to books and records.

8.  Where the spouse has no idea of the assets or debts of the marriage.

9.  Where there are children of the marriage that have special needs.

10.  Where there is a spouse who has drug addiction, gambling addiction, alcholism, shopaholic tendencies, or a paramour.

11.  Where one or the other spouse entered the marriage with assets.

12.  Where there has been an inheritence during the marriage.

13.   Where a spouse has mental health issues like bi polar, anger management problems, domestic violence.

14.  Where a spouse has a criminal record, restraining orders.

15.  Where a spouse cannot be employed or keep steady employment.

16.  Where a spouse is supported by family members.

17.  Where there are numerous real properties, income producing rentals, time shares and vacation homes. 

18.  If the marriage is more than 10 years and there is alimony, permanent alimony, rehabilitative alimony, bridge the gap alimony to be discussed and negotiated.

19.  Where a spouse has another family with children either prior to this marriage or outside of this marriage.

20.  Where paternity is at issue.

21.  Where the spouses are extremely unequal in education or ability to earn, or by measure of individual wealth. 

22.  Where a pre nuptial agreement should be contested.

If ANY of these circumstances apply to you, you should at least consult with an attorney before attempting a divorce on your own.  For more information, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.