Divorce and Real Estate Law - Living Together During the Divorce - A Nightmare Or a Necessity?

Issues concerning the marital domicile and real estate are often the biggest issues that divorcing couples must resolve. The issues of real estate and divorce are often intertwined with complex issues concerning child custody, child support, marital division of assets, marital debt and other issues related to a divorce. This article only applies to Rhode Island Divorce.

1.) Real Estate and temporary use and possession of the marital domicile during the pendency of the divorce.

While a divorce is proceeding in court, there are several potential scenarios concerning the disposition of the real estate: (Please consult a lawyer / attorney concerning your legal options)

A.) Husband and wife reside together while the divorce is pending with or without children.

In many instances, husband and wife live together while the divorce is pending. In some cases, husband and wife live together out of financial necessity because the parties cannot afford to live separately. Other divorcing couples live together because they believe it is in the best interest of the child /children. Some people live together because both husband and wife refuse to leave the marital domicile.

If husband and wife are living together while the divorce is pending, they often reach an agreement as to who will pay the mortgage, taxes, insurance and other real estate related expenses.

In the event that husband and wife cannot reach an agreement then both parties have the right to file motion for temporary orders, asking the court to intervene and determine who will pay the mortgage taxes, insurance, utilities and other expenses for the marital domicile.

If the parties are not civil towards each other there is constant arguing or there is domestic violence / abuse it may become unworkable for the parties to continue living together. If either party is abusing drugs, alcohol or gambling then cohabitating during the divorce process may be unworkable. Either party has the right to file a motion for temporary orders asking for exclusive use and possession of the marital domicile while the divorce is pending.

If one of the spouse has no income and no ability to earn income then it is possible that the spouse who has income or earning capacity could be ordered to pay 100% of the expenses for marital domicile while the divorce is pending. This is especially the case if the unemployed spouse has minor children living at home.

One of the risks of living together while the divorce is proceeding is the that other party will file a restraining order or a complaint protection from abuse.

B.) Husband or wife vacates the marital domicile and there are no children.

If husband or wife voluntarily leaves the marital hime and the other party is residing on the premises then the parties have two options:

1.) Husband and wife reach an agreement, or

2.) Husband or wife files a motion for the court to determine who pays for the house. The person who vacated the house may be ordered to contribute towards the mortgage taxes, insurance and upkeep etc., if any.

If the parties cannot agree then either party can file a motion for temporary orders seeking contribution towards the mortgage taxes, insurance, and upkeep for the marital domicile. The Rhode Island Family Court will then make an equitable determination of who should pay the mortgage taxes and insurance for the marital domicile. How the Family Court decides this issue, depends on several factors including perhaps most importantly, the income and earning capacity of each of the parties. One Judge in the Rhode Island Family Court consistently rules that the spouse remaining in the marital domicile must pay the 1st $850.00 of the mortgage as rent and the parties split the remaining mortgage taxes and insurance 50/50.

C.) One spouse vacates the marital real estate, while the other spouse resides in the marital real estate with a child or children.

The parent who has temporary physical placement (physical custody) of the child/children will have the right to receive child support as well as the potential to obtain contribution to the mortgage taxes, insurance, and upkeep for marital domicile.

If the parties can agree to the correct child support amount and the contributions towards the mortgage, taxes, insurance for the property then a motion for temporary order may not be necessary.

If the parties cannot agree, the court will determine the correct child support amount using the Rhode Island Child Support Guidelines. The cost of daycare and medical expenses is factored into the Rhode Island (RI) child support guidelines. The court may also order that the spouse who vacated the property contribute to the mortgage, taxes and insurance for the marital domicile.

The courts main purpose is to preserve the marital domicile until the divorce trial can be heard. The amount of the child support and contributions to marital domicile will be highly dependent on the income and earning capacity of the parties as well as a particular circumstances of a case. If the spouse who lives with the children has no job and no ability to earn income and no earning capacity it is possible that the other spouse may be required to pay over and above the child support amount to maintain the status quo so that the other spouse is able to maintain the marital domicile.

The primary goal of a Rhode Island (RI) Family Court Judge is to preserve the marital assets until either a complete settlement is reached or the divorce can be decided after a full trial on the merits.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

Internet and Real Estate

Finding houses to live in, typically creates a number of problems; as the world population is growing, the necessity for housing can also be rising, because of which individuals usually do not get the kind of houses they need. Even the real estate agent generally do not need appropriate houses in their stock for the frequent people. Besides, searching for an sincere and reliable real estate agent can be fairly problematic and time consuming. Individuals have to spend a lot of time and visit several realtors to choose the most effective one. This may be prevented if people take the assistance of internet.

The websites revealed by the actual estate agents prove to be very helpful for individuals seeking houses. The houses out there to that individual real estate dealer companies are displayed on the web site and detailed information about that real estate company and the facilities they supply are also given within the websites. The use of internet for looking homes has helped the frequent individuals a lot. Nowadays, most people take help of the internet to buy the homes they need.

If you are one such person looking for a very good home in Vaughan Ontario, then it is best to search the internet for the Vaughan real estate companies.

There are many homes accessible in Vaughan, Woodbridge and York Region, folks often discover issues choosing the appropriate one; moreover, the variety of real estate companies in Vaughan is also big which also causes a lot problems. To begin with, both these are very time consuming and secondly, folks find it very arduous to discover a proper house inside their budget. Looking for Woodbridge or York Region.

In case you are one such person searching for an excellent home in Vaughan Ontario, then you should search the internet for the Vaughan real estate companies. As there are many homes available in Vaughan, Woodbridge and York Area, individuals often discover issues choosing the appropriate one; besides, the number of real estate companies in Vaughan can also be massive which also causes a lot problems. To start with, both these are very time consuming and secondly, folks discover it very onerous to discover a correct home inside their budget. Trying to find Woodbridge actual estate brokers and Vaughan homes for sale in individual should be prevented if possible; individuals ought to always search the web first. Now, when a person finds a house in the web site, he can visit the real estate broker and take information about it. Following this manner, many individuals have succeeded in getting new houses at good prices.

Opting for Vaughan house as an alternative of that somewhere else is an excellent and intelligent idea. Since Vaughan is a growing city and huge numbers of industries and businesses are flourishing in Vaughan, many individuals from other areas and cities are choosing Vaughan. In case you are looking for an experienced Vaughan Realtor, have a look at my websites.

Hopefully you have found this article of value if you are trying to find information on real estate especially about Vaughan real estate.

Life and Real Estate in Weaverville, North Carolina

Asheville, NC is consistently voted one of the best places to live in the United States and people are catching on. This is evidenced in real estate prices and the number of people moving to the area. But if you want to enjoy the benefits of Asheville culture, events, and outdoor activities and preserve the small town feel, land in Weaverville NC is only 10 minutes away.

Like Asheville, Weaverville resides in Buncombe County. But With a population under 2500 (2000 census) and a median age (census 2005) of 45, Weaverville NC is the kind of town where people still say hi on the street and everyone knows each other. The downtown area is quaint and welcoming, with a locally owned pizzeria, bakery and other local establishments. Small town parades still happen twice a year on Main street in Weaverville. There is a broad spectrum of Weaverville homes to choose from. Small quaint houses on large parcels of land as well as luxurious gated communities with clubs and activity centers. You can find these same small quaint homes next to farmhouses and campgrounds and rivers.

Weaverville is the home to numerous bed and breakfasts and spas, which make it a great place to visit and stay off the beaten path if you want some peace and quiet while visiting nearby Asheville. Start your mornings off in Weaverville at a local bakery, and end your day with a hearty dinner at a local restaurant and some enjoyable live music.

For the culturally active, Weaverville boasts several local museums and art galleries which often display well-known local and regional artists, potters, and craftspeople of all types.

If you are an outdoorsmen, Weaverville, NC is located right in the middle of some of the best trout fishing streams in Western North Carolina.

On the employment front, many Weaverville residents work nearby in Asheville. But Weaverville boasts several local business and manufacturing operations of their own, including Arvato Digital Services, which is the second largest CD and DVD replicator in the world. Many Weaverville residents work for Arvato, as well as in other manufacturing facilities nearby.

Weaverville homes are almost all nearby local public schools. For a small town, Weaverville boasts 2 elementary schools, 2 middle schools, and 1 high school. In nearby Asheville there are Universities and community colleges: Asheville-Buncome Technical Community College (AB-Tech) is only 7 miles away, and University of North Carolina at Asheville (UNCA) is only 6 miles from Weaverville. Also nearby are Warren Wilson College, Mars Hill College, and Montreat College.

All of this makes Weaverville real estate a wise investment for sure. Property taxes clock in at around 0.9%. According to city-data.com, housing prices continue to slowly increase in Weaverville. Happily, it is still a sound investment as the perceived value of this area often remains underestimated.

More information can be found at Beverly-Hanks.com

Highland Park Homes For Sale and Real Estate in Pflugerville, Texas

Highland Park Homes

In the heart of Pflugerville is a fantastic master-planned real estate community called Highland Park. Homes in Highland Park real estate are affordable for many and priced from the 160s to 240s, ranging from 1,200 to 2,400 sq. ft. Toll Road 45 and 130, and I-35 surround the homes here. The Highland Park HOA is very active in the community and hosts several events during the year. Residents work hard to keep a safe, fun, and friendly community. Homes in this place are at the intersection of Pflugerville Pkwy and Heatherwilde Blvd. Homes in this place are modeled after the eclectic and individualistic style of Hyde Park homes in Austin. Residents here work hard to keep the community safe, fun, and friendly.

Highland Park Real Estate

Living in one of these homes is an easy experience. Many shops, restaurants, and entertainment venues are moments away. The Domain, La Frontera, Stone Hill Town Center, and Highland Mall are close by the homes in this community. Dick's Sporting Goods, Street Rays, Bells, Ross, Walgreens, Super Target, and Walmart are only a few minutes away from homes. Taco Bell, Taste of Ethiopia, Casa Garcias, Alfredo's Mexican Food, and Cheddar's Casual Cafe are tasty restaurants only a few minutes from homes. Cinemark Theatre is nearby for residents to enjoy a movie at. Dell, IBM, Samsung, 3M, and Abbott Laboratories are major employers who are close by to these homes.

Highland Park Homes for Sale

Amenities in this community are outstanding. Residents have hike and bike trails, a swimming pool, sports courts, playground, and meditation pond. Nearby parks include Pfluger Park, Mirror Lake Park, and High Country Park- all within a few miles from these homes. 100+ acres of hike and bike trails are also available to residents. Residents also have access to three golf courses, including Blackhawk, Star Golf Club, and Forest Creek. Residents can also enjoy the day at growing cities only a short drive away including Georgetown and Round Rock.

Pflugerville Homes

Residents of these homes are zoned to Pflugerville ISD. Children attend Highland Park ES, Park Crest MS, and Hendrickson HS. DeVry University Austin Campus, ACC, Texas State, University of Phoenix, and Huston-Tillotson are also close by homes in this place. These schools nearby this community are always a welcoming environment for new students in the community. Those living here can be confident that their children will receive a stellar education from these school.

Investing in the Right Home in Real Estate

Sunny Isles is one of the best real estate locations in Miami. It is one of the suitable places to raise your family due to its completeness when it comes to amenities and facilities.

You will surely get interested in purchasing a property in Sunny Isles real estate, but keep in mind that purchasing a home should be planned carefully if you want to avoid necessary spending with your limited budget. Because of the popularity of the Sunny Isles, expect for expensive prices on the properties. But you do not have to worry of having limited budget because you will have the chance of getting affordable home provided you plan for the project careful and properly in advance. Through this you will have the chance to get the best deal in the market.

The first thing that you need to consider in investing in Sunny Isles real estate is to check on the market status. With this, your main goal is to find out how much the properties are priced in the city and what are the available selections for your investment.

Keep in mind that when investing, as early as the process start you have to be patiently searching to end up with an affordable property in the city. There are lots of affordable properties in the city provided that you exert the right amount of patient.

If you want to have a good deal on purchasing your home in Sunny Isles real estate the next important step is to check on what properties that is available for sale in the city. Actually there are two ways for you to look them up - one is to ask real estate agent to do the search or you can do the search on your own by checking the listings that are available in the internet.

To do the search in Sunny Isles real estate a lot easier, it is advisable to make a list of your specifications ahead of time to filter the available properties for sale. While doing your list, you might as well include how much you can dish out for this investment so that you can determine your budget as well. Through this you will be able to limit your search and avoid taking too much time checking the property.

Keep in mind that before you close the deal, it is very important that you have to check the property. It is very important to schedule an appointment to check the property. You do not have to trust what the sellers say; it is important to check it personally. This will help you prevent future regrets.

How To Find Foreclosure Homes For Real Estate Investing

Finding foreclosure properties to begin real estate investment is relatively simple. There are several methods of find property that is has been foreclosed or is in the process of being foreclosed. Here are a few of them.

1. Records at the local county courthouse. In this method you can find the houses that are being foreclosed either by lending institutions or for non-payment of taxes. This method is time consuming, but you have complete control over your search. The thoroughness of the information you collect is totally dependent upon the work you put into it.

2. Newspapers. In every newspaper in the country there is a section for legal notices. These notices hold the legal information for properties in foreclosure. These notices will name the person(s) who has the legal proceeding against him/her, the name of the lender(s), the name of the county sheriff, if this is a tax foreclosure, or any other pertinent information. It will give the date of the proceedings and ask for further information from anyone who wishes to put a lien against the property.

3. The internet. Online foreclosure listing companies will search for notifications of default. Then they sell a subscription for this information. Although this is a very easy way to get the information about foreclosures, this is a 'buyer beware' situation. There will be others using this service that are looking for the same information that you're looking for. Along with that, you need to be sure that the information you get is current and not outdated. See if they'll give you a free trial period before purchasing.

4. Direct Mail. Consider a mass mailing through the postal service for home owners going through a foreclosure. As you receive information back from this mailing you can be assured that these are good leads. Another advantage is that you may be able talk with to someone that is still in the pre-foreclosure period. They are motivated to sell, or they wouldn't have made contact with you about their property.

5. Real estate companies. A bank that ends up with properties that are being foreclosed will hire a real estate agent to represent them The bank doesn't want the property; it wants it sold. A good real estate agent can get a list of properties that the bank has possession of.

As you can see, there are numerous ways to find information on foreclosures. Don't forget, one of the best ways to get information of any kind is by word-of-mouth. You might hear that the brother-in-law of the your sisters best friend is preparing to go through foreclosure proceedings. Be ready with a business card, flyer or brochure to give them.

Death and Real Estate

Nothing is as final as an estate sale. Family members usually have opinions that get vetted in the process. A word to the wise; be succinct, be brief, use a gentle hand, and be prepared for the unexpected.

Death and Real Estate. This can be unstable territory for the family,  tensions can peak when it involves the sale of the family home. Pent-up rivalries boil to the surface during many of these sales. Family members are emotionally charged....prepare to tread softly. Not all estate sales are "Estates". Some are just homes that need a lot of work that have an inflated value placed by their heirs.

I know...it won't happen in your family....well...stand by. Things tend to get a little freaky...no matter what the pre-resolve. You can set your watch to it.

Some helpful battle weary rules beyond the basics:

As the Realtor, follow real estate rules explicitly set forth in your state, and pay attention to every detail. Your involvement will be under a high level of scrutiny.

Follow the direction of the Executor(s) of the estate. They are the legal entity that calls the shots (not the bereaved cousin) and remember to use a gentle hand. And if the property is in probate, follow what the probate calls for explicitly.

Useful suggestions that I have employed in the past concern the contents of the property. What do you do with all the stuff inside?  The seller (the executor) might need a little guidance from you.

This is not the standard moving checklist. This involves your suggestions on "tag" ladies, estate sale specialists, estate attorneys (if the executor is from out of state), and some basic insight from their Realtor as to what needs to be done in order for the home to to become Market Ready.

If an estate sale is needed, do not have the family box stuff up and put it in storage.  Most storage places will not allow sales to the public at their locations.  Let the estate sale manager do the sale at the house, then put the house on the market.

However, if there will not be an estate sale-and the property needs to be disposed of quickly-suggest to the executor to have the contents of the home be boxed up, labeled, and placed into storage... to be dealt with at a later date. Dispersal doesn't need to be instantaneous and yanked on a beckon call.

Your communication needs to be discreet and only with the Executor(s) of the estate. You should be well versed in the rules of the state and the probate court. Consult with your local Estate Attorney if needed.

Keep in mind that those involved in this process  (the death of a loved one) are somewhat exhausted.  Press to have the property priced to sell...Don't add angst by overpricing and under-delivering. It is better to get the property sold quickly as it helps to alleviate the stress on the family. 

It's usually a difficult situation for the seller(s) and it is up to the Realtor to make it as easy and stress-free as possible. Be the Realtor(r) that makes the property sell.