Sentences with phrase «property and debt orders»

In general, property and debt orders in a Decree of Dissolution may not be modified after the case is finalized.

Case law provides that property and debt orders in the Decree may not be enforced with a contempt action unless they are related to support of the family.

Not exact matches

If you looked at unemployment, housing, commercial property, business order books, lack of credit and abundance of debt, there was no doubt that we were still in deep trouble.

A high ratio indicates the REIT is easily able to meet its debt obligations and has the flexibility to issue more debt in order to acquire properties and grow.

Various reasons that prompt one to take a second mortgage include covering part of the down - payment on their first mortgage in order to evade the requirement of property mortgage insurance, financing home improvements, and consolidating debts.

Bad credit mortgages pose an inherent risk and in order to protect themselves, bad credit mortgage lenders avoid properties with too much debt.

And attorney Parisa Fishback said bankruptcy may be appropriate if you have property that's in danger of going into foreclosure, or if you're thinking of taking money out of a retirement account in order to pay an unsecured debt.

garnishment [top] Legal proceeding whereby money or property due to a creditor, but in the possession of another, such as an employer, is intercepted by means of a court order and applied to the payment of the debt owed to the plaintiff creditor.

Other than to its employees, contractors and affiliated organizations, as described above, Debt Consolidation Programs discloses potentially personally - identifying and personally - identifying information only in response to a subpoena, court order or other governmental request, or when Debt Consolidation Programs believes in good faith that disclosure is reasonably necessary to protect the property or rights of Debt Consolidation Programs, third parties or the public at large.

Threaten to seize, garnish, or sell your property or wages if you don't pay A debt collector can not threaten to seize or garnish your wages unless they take you to court and get a court order to garnish your wages, or intend to take you to court in order to do so.

Most debts except: fines, penalties, compensation and forfeiture orders imposed by any court; any debt that has been incurred through fraud; student loans; any obligation to pay maintenance to an ex-spouse due under a court order (not Child Support Agency arrears or Child Maintenance Service arrears); and money owed to a creditor whose debt is secured on your property (such as a mortgage or secured loan).

In many instances, in order to repay the debt, your heirs will sell the home to satisfy the debt and some elect to refinance the reverse mortgage into another type of loan in order to retain the property.

If you have some secured debts (those which you have obtained by placing collaterals), and if you are behind on your bills, the creditor may ask the court to raise the «automatic stay» in order to repossess or foreclose on your property.

In a so called «straight» bankruptcy, the Trustee in bankruptcy seeks to liquidate the debtor's non exempt property and distribute the proceeds to the creditors in order of priority, in exchange for discharge of all eligible debt.

If the conflict is over debts and assets, you will want excellent records of all expenses in your marriage in order to accurately divide property.

E. Order the equitable division of the community property and community debts of the parties and confirm to each their sole and separate property and debts, if any;

The judge's order had been to adjust property so as to preserve the district judge's proportions but to reformulate his errors in computation of the couple's debt and to reflect «the change in the landscape from that surveyed by the district judge», upon sale of the business.

You must transfer the Trust property into your name as the Trustee, review the Trust instruments, and maintain a record - keeping system in order to keep track of the Trust's assets, appraising them if necessary, and pay any debts.

Zavarella v. Zavarella 2013 ONCA 720 Family Law — Husband and wife — Marital property — Distribution orders — Equalization payments About two weeks before she was married, a future wife, with debts of $ 49,838.70, made an assignment into bankruptcy.

Securing the enforcement of a Judgment by Order for sale of a # 24 million property in central London in payment of a debt and other sums due to our client.

The court will issue orders about child custody, child support, alimony, the payment of attorney fees, the payment of community debts, and the use of community property by one spouse or the other during the pendency of the case.

Even without your spouse's participation in the divorce proceeding, the court can enter orders regarding the effective dissolution of the martial estate, including property division, division of assets and debts, and orders affecting children — custody, visitation, child support — among others.

Under this Act the property of absconding debtor may be seized and taken by an order of attachment for the satisfaction of the person's debts.

Automatic Orders seek to preserve the status quo while the action is pending, by prohibiting the transfer or encumbrance of real and personal property and retirement funds, the accumulation of unreasonable debt, and changes in beneficiaries on existing health and life insurance policies.

Attorney Barbara E. Hecht has more than 35 years of experience resolving complex property and debt division issues, including those that involve military pensions, businesses, stock options, qualified domestic relations orders (QDROs) and ERISA defined benefit plans.

Section 106 (4) says that the court can refuse to make orders for the division of property and debt.

Under s. 95 a court can order reapportionment to address any «significant unfairness» that may arise from an equal division of property and debt in light of the spouse's post-separation contribution.

The divorce ruling will comprise orders about marital property and marital debts, as well as custody, visitation, child support and spousal support.

The family court ordered the property and business be sold, awarded Wife 61 % of the marital estate, ordered that she pay all the marital debt, and denied her claim for attorney's fees.

Debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations and that is incurred by a debtor in a separation, divorce, separation agreement, property settlement agreement, court order or decree, or a determination by a governmental unit may be discharged in a chapter 13 case, but not in a chapter 7 case.

Remember you can only ask for orders respecting spousal support, child support and custody at the Provincial Court; not Property, debt or divorce.

-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized parenting arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.

How marital assets and debts are divided in order to come up with a viable property settlement agreement can be one of the most contentious issues in divorce proceedings.

If your executor has to sell property in order to pay those debts and taxes, they will.

You will need an attorney experienced in divorce, temporary relief orders, and additional legal matters such as property and assets, debts, parenting plans, child support, and more.

For example, the typical divorce petition requests the court to enter orders relating to the division of property and debt, child custody and support, and alimony.

The judge can order provisions for support, custody, division of property and assignment of marital debts, but your marriage isn't technically over, so neither of you can remarry.

When people speak of being legally separated in New Jersey, they may be referring to the fact that they have entered into a written separation agreement governing custody and a parenting plan and support (and maybe even division of property and debt); or where, instead of having the marriage dissolved, the spouses filed for separate maintenance (a type of support proceeding in New Jersey that results in the entry of a support order but not dissolution of the marriage) or for divorce a mensa et thoro (divorce from bed and board) that allows the parties to live separately while still remaining married (which some spouses wish to do for religious reasons or, where the insurance plan allows it, to continue with health coverage through the other spouse).

In dividing property the court considers the contributions, «monetary and non-monetary,» of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the «character of all marital property,» and «other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.»

Many married couples enter into a Separation Contract, a Separation Agreement and Property Settlement (SAPS), or obtain a Court Order that details rights and obligations regarding child support, child custody, spousal support, and division of property aProperty Settlement (SAPS), or obtain a Court Order that details rights and obligations regarding child support, child custody, spousal support, and division of property aproperty and debt.

Even if the marriage was invalid or void, for whatever reason, there still may be the need to enter orders related to custody / visitation, child support, division of property and debt, and any other relevant issues.

The petition, which sets out what a person wants a judge to do (such as dissolve the marriage, rule on custody, order child support, and divide marital property and debt), is generally personally served by a sheriff's deputy or other authorized process server.

Your final agreement is both a contract and a court order that will impact your rights about your property, finances, children, and debts.

In the negotiated settlement process, we will create a parenting plan and decide what documents may be needed in order to make a decision the division of assets, property and debts.

These are detailed in your Separation Agreement (commonly referred to when formalized after mediation by Colorado divorce mediators as the «Memorandum of Understanding») and include parenting plan, child support and spousal maintenance, and property and debt division arrangements earlier agreed to by you or ordered by the Court.

In an Arizona legal separation, your community property assets and debt are divided, child custody orders are entered, child support orders are issued, and alimony may be awarded.

Equitable division laws give the court the power to order whatever the court feels is fair given your individual circumstances, and community property laws require the court to divide the assets and debts accumulated during the marriage 50/50, with some exceptions.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.

Obviously, the mortgage lender needs the property's mortgage lending value in order to determine the maximum loan amount that can be provided, given the bank's maximum allowable Loan - to - Value (LTV) ratio and minimum Debt Coverage Ratio (DCR).

In order to defer 100 % of the applicable depreciation recapture and capital gain income tax liabilities, Investors must meet three requirements when structuring tax - deferred like - kind Exchanges: (1) Exchange or trade equal or up in value; and (2) reinvest 100 % of the Investors equity (net cash proceeds from sale of relinquished property); and (3) replace any debt with new debt on the replacement property.