Navigating Real Property Issues as a Family Law Attorney
Category: On Demand
Member Price: $200
Non-Member Price: $250
Areas of Law: Family
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.3 hours of total CLE credit (Full Credits Available: NJ General: 3.3). |
| NY CLE (t&nt): | NY Professional Practice Transitional: 3.0 |
| PA CLE: | PA Substantive Credit: 2.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Keynote
Moderator
- Paula M. Zwiren, JD, MBA, CTP
- Law Office of Paula Zwiren
Zwiren Title Agency, Inc., Livingston
Presenters
- Marc Demetriou, CLU, ChFC, CDLP
- SVP of Mortgage Lending Branch Manager, Guaranteed Rate, Inc, Montville
- Juliana Diaz, Esq.
- The Diaz Law Group, P.C., Elizabeth
- Stephanie Mallios
- Realtor, Compass RE
- Robyn E. Ross, Esq.
- Ross & Calandrillo, LLC., MountainsideCertified as a Matrimonial Law Attorney by the Supreme Court of New Jersey, is a founder of Ross & Calandrillo, LLC in Mountainside, New Jersey, where she practices exclusively in family law. She is also an approved family law mediator pursuant to the New Jersey Court Rule.
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nAdmitted to practice in New Jersey, Ms. Ross is a member of the New Jersey State and Union County Bar Associations, and is Past Co-Chair of the Essex County Bar Association’s Family Law Executive Committee. She is a trained volunteer for the Jersey Battered Women’s Service, has served on the New Jersey Supreme Court Committee on Character and is a former member of the New Jersey Supreme Court District XB Ethics Committee. She has provided service to the Early Settlement Panel programs in Essex and Morris counties and is the recipient of several honors.
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nMs. Ross received her B.S. from The College of New Jersey (formerly Trenton State College) and her J.D. from Seton Hall University School of Law.
n(9/23)
Real estate often represents the most valuable asset in a divorce or family law dispute, requiring careful legal and strategic consideration. This comprehensive seminar is designed to equip family law attorneys with the tools and insights needed to effectively navigate complex property issues throughout the marital dissolution process and beyond.
Participants will gain practical guidance on topics including the treatment of real property in prenuptial and postnuptial agreements, the process of listing and selling the marital residence, and addressing modern challenges such as mortgage forbearance, short sales, and foreclosure. The program will also provide instruction on drafting clear and enforceable marital settlement agreements (MSAs), managing property transfers, and preparing associated tax and title documents.
Whether you’re negotiating settlements, litigating equitable distribution, or addressing post-judgment modifications, this seminar offers both new and experienced family law practitioners the essential strategies and best practices to advocate effectively for your clients while protecting their real estate interests.
Program Agenda:
- 1:00 | Introduction - Paula M. Zwiren, JD, MBA, CTP
- Introduction of panelists
- Introduction of interplay between family law attorney and real estate attorney representation
- 1:05 | Pre and Postnuptial Agreements vs. Vesting - Juliana Diaz, Esq.
- Statutory right of possession of marital residence vs. presumption of joint ownership
- Differences in handling marital residence, second homes, and commercial property
- Tenants by the entirety, tenants in common, joint tenants with rights of survivorship
- 1:25 | Listing a Marital Residence for Sale During or Post-Divorce
- Court orders to compel - Robyn E. Ross, Esq.
- How to read a real estate settlement statement: CD/ALTA/HUD - Paula M. Zwiren, JD, MBA, CTP
- 1:45 | What About Mortgage Forbearance or Foreclosure - Robyn E. Ross, Esq. and Marc Demetriou, CLU, ChFC, CDLP
- How to address in a marital settlement agreement (MSA)
- Impacts on credit rating
- Mechanics of forbearance and foreclosure (mortgage/taxes)
- 2:05 | Insights from a Realtor® - Stephanie Mallios and Robyn E. Ross, Esq.
- 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
- 2:25 | Break
- 2:35 | General Concerns for Drafting the MSA - Robyn E. Ross, Esq.
- Real estate costs
- Maintenance costs
- Transfer costs - Risks affiliated with dates far out from the final judgments and discussions of alternative solutions
- Real estate costs
- 2:55 | Refinancing and the MSA
- Difference between being on the note and on the mortgage - Juliana Diaz, Esq.
- Assumption process and probability - Marc Demetriou, CLU, ChFC, CDLP
- Payment of the money, disclosure, timing, delivery requirements – discussions about showing consideration on the deed – Robyn E. Ross, Esq. and Paula M. Zwiren, JD, MBA, CTP
- Loan programs – Marc Demetriou, CLU, ChFC, CDLP
- Case scenario – one spouse buying out the other spouse, who is not on the deed – All
- 3:25 | Transfer and Tax Documents Pre and Post Divorce - Paula M. Zwiren, JD, MBA, CTP
- Deed types, delivery terms, escrow procedures
- Searches and affidavits of title
- Tax forms required to record the deed and important timing considerations
- 3:35 | What about Commercial Property - Juliana Diaz, Esq.
- Reviewing corporate documents, including formation, and operating documents
- Reviewing estate planning documents and trust documents
- Case scenario - Paula M. Zwiren, JD, MBA, CTP
- 3:55 | Questions, Discussion and Conclusion
- 4:00 | Adjourn