Navigating Real Property Issues as a Family Law Attorney
Category: Materials
Member Price: $12
Non-Member Price: $15
Product Code: MI150024
Areas of Law: Family
CLE Credits
Faculty
Keynote
Moderator
- Paula M. Zwiren, JD, MBA, CTP
- Law Office of Paula Zwiren
Zwiren Title Agency, Inc., Livingston
Presenters
- Juliana Diaz, Esq.
- The Diaz Law Group, P.C., Elizabeth
- Doni R. Feinberg, Esq.
- Resnick Law Firm, Short Hills
- Stephanie Mallios
- Realtor, Compass RE
This seminar will delve into the intricate interplay between family law and real estate matters, equipping attorneys with essential knowledge and strategies to effectively navigate complex real property issues in divorce and family law. The program will cover prenuptial and postnuptial agreements, listing marital residences for sale, addressing mortgage forbearance and foreclosure, drafting marital settlement agreements (MSAs) and handling transfer and tax documents.
Program Agenda:
- 9:00 | Introduction
- Introduction of panelists
- Introduction of interplay between family law attorney and real estate attorney representation - 9:05 | Pre and Post-Nuptial Agreements
- Statutory right of possession of marital residence vs. presumption of joint ownership
- Differences in handling martial residence, second homes, and commercial property
- Tenants by the entirety, tenants in common, joint tenants with rights of survivorship - 9:25 | Listing a Marital Residence for Sale During or Post-Divorce
- Court orders to compel
- How to read a real estate settlement statement: CD/ALTA/HUD - 9:45 | What About Mortgage Forbearance or Foreclosure
- How to address in an MSA
- Impacts on credit rating
- Mechanics of forbearance and foreclosure (mortgage/taxes) - 10:05 | Insights from a Real Estate Agent
- Common complications when sellers are divorcing or divorced
- What a real estate agent needs to be mindful of when working with divorcing sellers
- The importance of working with a calm agent who has significant experience with conflict management
- Ideas for how a family lawyer can prepare divorcing spouses for the sale - 10:25 | Break
- 10:35 | General Concerns for Drafting the MSA
- Real estate costs
- Maintenance costs
- Transfer costs
- Risks affiliated with dates far out from the final judgments and discussions of alternative solutions - 10:55 | Refinancing and the MSA
- Difference between being on the note and on the mortgage
- Assumption process and probability
- Payment of the money, disclosure, timing, delivery requirements – discussions about showing consideration on the deed - 11:15 | Transfer and Tax Documents Pre and Post Divorce
- Deed types, delivery terms, escrow procedures
- Searches and affidavits of title
- Tax forms required to record the deed and important timing considerations - 11:35 | What about Commercial Property
- Reviewing corporate documents, including formation, and operating documents
- Reviewing estate planning documents and trust documents - 11:55 | Questions, Discussion & Conclusion
- 12:00 | Adjourn