How Can I Prepare Myself for a Custody Battle?

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If you are looking to regain custody of your child/children, there are many steps you could take to improve your chances of doing so. There are also a few key tips about the California divorce process that will make you feel better prepared and informed for your custody proceedings.

First Step:

Choosing the best family law attorney you can afford is first and foremost the best way to start your journey. You will get the most knowledgeable and experienced help possible!  Hiring the right attorney could mean the difference of getting what you wanted or getting nothing at all. Some advice: You don’t want to slack off any of this process when your children’s future is at stake!

Second Step:

This may sound cliché, but keeping a journal and documenting this journey could benefit you greatly. Here are a few things you’re going to want to keep track of:

• How much time you spend with your children
• What activities you are all involved in
• How much time the other parent spends with the child/children
• Note the time the other parent is gone, when they go to work and come home, and when they travel out of town
• Note any negative remarks, threats, arguments, profanities, or any other behavior that would impact custody

It would be in your best interest to keep track of the past six months to a year. Make sure you write down everything you have done, as well as, everything the other parent has done. Be sure to be ready to prove you are an active and involved caretaker, and that you deserve custody of your children. Bringing photos or an album of your child being happy in your care could only help your situation.

Third Step:

Showing that you are well established and are able to provide for your child/children is important. Make sure the court is aware of the fact that you:

• Have a job and a place of residency
• Have already been preparing for school and child care
• Have community ties through extracurricular activities, volunteering at school, involvement in your neighborhood, etc.

Be prepared to show why the other parent is not capable of providing for the child properly. It might help to find people who would testify about problems with the other parent’s inadequacies.

Do not leave the family residence until you have a custody arrangement in place.

Do not leave the family residence without a court order or written agreement if you are planning to move out, even without the children. A written agreement needs to set the custody arrangement to start once you have left home.

Full Custody and Over-Night Visitation

Both custody and visitation are decided in court on what is in the child’s best interest. Although it is best for the child to have strong relationships with both of the parents. If this is a civil separation and there isn’t any negativity with your ex, there is no reason he or she can’t have overnight visitation.

Questions for Your Attorney

As you go through this custody process, be sure to ask your attorney all the right questions. Here are a few you should ask:

• What factors are important in gaining temporary custody of my children?
• What are the consequences of moving out of my house and giving temporary child custody to the other parent?
• If I lose temporary child custody, what should I do to gain or improve my situation and get a better permanent custody arrangement?

Bodily Injury Due To Dangerous Conditions On Property

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If you have suffered a bodily injury due to dangerous conditions on property, you may be entitled to receive compensation by filing a California premises liability lawsuit. The basis for this lawsuit includes but is not limited to liability arising from construction accidents, dog bites and injuries caused by the willful and negligent conduct that resulted in dangerous conditions; this includes home owners. The dangerous condition must have created a reasonably foreseeable risk of the type that resulted in your injuries. This includes the wrongful or negligent conduct of an employee while performing their job responsibilities.

It is essential that the party deemed liable owned and had possession and control of the premises. This party has a duty to others to take reasonable action to make the premises safe and to prevent people from being injured. A greater duty is owed to children because they lack the capacity to understand the dangers.

Owners of property are under an obligation to prevent the condition of a risk of harm to people who come onto the land. If the owner failed to warn or repair the dangerous condition, then this inaction constitutes negligence. A store owner is obligated to ensure that the premises which are open to shoppers are safe. The owner must take action which is commensurate with the risk.

Owners of premises where the activities of others may result in injury to an invitee has an obligation to control the wrongful acts of a third person. This obligation is based on the premise that owner has the duty to exercise reasonable care in managing their property. This condition can arise when potential buyers are injured while looking at a property that is for sale. The property owner and the real estate agent have an obligation to protect the buyers from injury. Any property condition that is an unreasonable risk to people other than the owners must be repaired, or the agent and the buyers must be warned beforehand. California law is clear about the right of the buyer to file a lawsuit if the owner failed to eliminate a dangerous condition that created a reasonably foreseeable risk to the buyer.

Premises liability extends to dangerous property, retail store liability, restaurant liability, slip and fall accidents, and animal bites to name a few conditions where a person can be injured. If you believe that a dangerous premise condition was a significant reason for your injuries, then call the Von Esch Law Group to discuss your condition. When you hire the Von Esch Law Group real estate attorney you will have an attorney who is completely familiar with the real estate laws and the obligation of owners to protect people who visit their property. The California real estate code is specific about the responsibility of property owners. The Von Esch Real Estate Department is highly experienced in handling premise liability cases.

Making Your Case For Spousal Support

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After separating from your spouse, you are likely to experience some financial challenges. Depending on what kind of separation you had, you may be entitled to spousal support that can help your financial situation. When deciding if a spouse is entitled to spousal support benefits, the court will consider various aspects regarding their marriage. The main factor that they will consider is whether or not you have children and if so, who is the primary caretaker for these children. They will also consider your lifestyle before the divorce took place and also your marital standard of living.

When preparing a spousal support case, you will need to include several documents that basically show where and how you spend your money. Some of the documents you will include are:

1. Credit-Card Statements
2. Checking Account Statements
3. Credit Reports
4. Passports
5. Tax Returns
6. Gift Tax Returns

The best thing to do when seeking spousal support is to be prepared. It is important that you protect yourself and your children. Make sure that you have an experienced attorney by your side that is after your best interests.

For more information regarding Von Esch Law Group and their legal services, visit their website and Facebook page!

How Real Estate Attorneys Can Help You

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Those in the real estate business know that it only takes one bad transaction to mess you up completely. It helps to be diligent and exercise caution in all your real estate endeavors. To safeguard your interests, and prevent financial loss, it is highly recommended to work with a real estate lawyer who is knowledgeable of local laws. When seeking help on real estate law, Orange, California residents understand that they can count on Von Esch Law group for all their real estate law requirements. Here are a few matters that real estate attorneys handle.

They draft, review and negotiate real estate documents such as sale and purchase agreements, commercial or residential leases and many more. The attorneys represent parties who are involved in litigation. This normally happens when there is an eviction issue between a landlord and a tenant or when there are legal issues that are emerging between construction companies and owners of homes that are under construction. This may be because there are defects and other malfunctions in the property. Issues may also arise when the owner complains of poor workmanship by the contractor.

Von Esch Law Group helps to present a development proposal to the community where a project is to be undertaken. This is normally done in a community board hearing. Also, when a client wants to get a permission to obtain a variance or any other zoning relief, a real estate attorney can help make the necessary submission on behalf of the client.

Moreover, the legal service providers can represent a developer in a meeting with environmental management agencies when they want to prove that they have taken the required steps to satisfy environmental-due diligence procedures. Lawyers work with environmental experts in ensuring that the development project meets the stated environmental condition.

Von Esch Law Group offer valuable advice to those who want to develop joint projects where the community will share common interests. An example to this is when a condominium is being built and where there will be many shared facilities.

The attorneys provide valuable tax advice that will help their clients avoid unfavorable consequences in their transactions. For example, clients will need to understand what tax implications different forms of ownership have and also the effects that tax defer kind of transaction may offer.

In scenarios where there are disputes or disagreements and the matter end up in court, Von Esch Law Group will ensure that the interests of their clients are safeguarded. For instance, they will carry out an investigation about the underlying facts and call in a witness in the case.

For more information regarding Von Esch Law Group and their real estate law services, visit their website and Facebook page below!

http://www.voneschlaw.com/

https://www.facebook.com/pages/Von-Esch-Law-Group/787869571246480?fref=ts

Tax Court Goes To Webster For Definition Of Construction – And Watch That NAICS Code

If you are involved in construction and reconstruction, you may get a better deal on your losses from rental real estate and beginning with 2013 avoid the Obamacare tax on gains from rental real estate.  But what exactly is construction and reconstruction?  The Tax Court had to look it up in the dicitionary.  Here’s the story.

Some Background

The stake in the heart of the tax shelter vampire provided by the Tax Reform Act of 1986 was Code Section 469 , which introduced the oxymoronic concept – passive activities.  Other sections of the Code, like those concerning S corporations discuss “passive income” – interest and dividends and the like, but such investment income is not the passive activity income that 469 refers to.  Passive activity income and more significantly loss comes from a trade or business activity in which you do not materially participate.  We are required to divide our trade or business income from proprietorships, partnerships and S Corporations into two buckets.  If the passive bucket is a net loss, the loss is suspended and carried forward to be used if there is passive income in the future or when the underlying activity is entirely disposed.

The rules about how you classify your activities and measure material participation are mind boggling in their complexity.  Don’t get me started.  There is one rule that created a lot of angst, though.  Rental activities are per se passive.  This was troubling to people in the real estate industry who might for example have rental losses on a development while making money on the sale of property.  So a special rule was created for people involved in real estate trades or businesses.  If you spend more than 750 hours per year in real estate trades or businesses and the amount of time that you spend in the real estate trades is greater than the amount of time you spending doing anything else, then the per se passive rental income rule does not apply to you.  Rental losses are not passive, if you materially participate in the related properties.

Not Easy For People With Day Jobs To Be Considered Real Estate Pros

For some reason, the IRS is particularly zealous in enforcing Code Section 469.  If you have substantial income and are posting losses from rental activities, you can put as many “I love Obama” signs on your lawn as you want and you still have a better than average chance of being challenged. At least that is my inference from the cases I read and some discussions with other practitioners.

The way the cases have broken, people with non-real estate day jobs who claim that they spend more time on their amateur landlord activity are almost always accused of having insufficient records of their time, “ballpark guestimates, a colorful term that the Tax Court seems to have reserved for 469 cases. Even in the cases where people have logs, they are often found to be improbable.   You don’t see “pants on fire” in the decisions, but you suspect the judges are whispering it under their breath.
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What Does a Real Estate Lawyer Do?

Real estate lawyers document and review real estate transactions, including purchases, leases, inspections and appraisals. They also help resolve title insurance and environmental issues. When things go wrong in real estate transactions, real estate lawyers step in to file and defend lawsuits in court. Many real estate lawyers also help lenders carry out foreclosure, while others help borrowers defend against foreclosure.

Document Drafting

One of the key roles a real estate lawyer plays is that of document drafter. Real estate attorneys prepare deeds for conveyance transactions, leases and rental agreements, purchase contracts and financing agreements. While state law allows real estate agents to help clients fill out these types of documents, only licensed lawyers can actually draft and revise the documents.

Negotiations

Because real estate lawyers have sophisticated experience with many types of real estate transactions, clients often ask their real estate lawyer to negotiate the terms and conditions of real estate deals. This involves working with other attorneys, developers, brokers and investors.

Transaction Review

Some real estate attorneys are involved only in reviewing and providing advice on real estate transactions. Clients will negotiate their own deals, sign a contract and then ask the lawyer to perform the “due diligence” on the deal. This means the lawyer will examine legal title issues, environment issues and reports and any of the contracts or other documents involved in the transaction. Real estate lawyers have training that allows them to spot issues that their clients do not recognize. In this role, the real estate lawyer plays guardian for the clients to make sure the clients don’t fall into any unseen legal traps.

Litigation

Real estate transactions don’t always work out, and when they don’t, it is common to involve the court in a lawsuit. Real estate lawyers represent their clients in real estate litigation. This includes drafting legal pleadings to file with the judge, participating in hearings and trial with the judge, and filing appeals if necessary. It also includes bargaining with opposing counsel to try and work out settlement agreements.

Foreclosure

Many real estate attorneys specialize in mortgage and trust deed foreclosure, particularly during difficult economic times. Some lawyers represent lenders while others represent borrowers. The lawyers representing lenders help guide lenders correctly through the foreclosure process, which may include filing a lawsuit in court. The lawyers representing borrowers, on the other hand, try to make life difficult for the foreclosing lender by challenging any mistakes made in the foreclosure process, and by negotiating with the lender for a settlement agreement to stop the foreclosure process.

Real Estate Law

Real Estate and Property Law covers an extensive legal area, which is regulated by federal and state statutes, as well as common law. Many aspects of this area overlap with contract law. The terms “real estate”, “realty” and “real property” are generally used interchangeably, although many people associate “real estate” more closely with the structures or buildings and the land. However, real property/real estate encompasses more than just the obviously tangible aspects. It comprises land and that which is attached to or belongs with the land, such as the immovable structures like buildings, houses, trees, bushes and minerals permanently affixed to the land, But it also consists of the interests, benefits and rights that are legally considered attached to the real property, which can include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future, and more.

The practice area of real estate and property law deals with a variety of related issues, including the following: rights and interests in real estate and real property; sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenants’, renters’ and homeowners’ rights; title to real property; settlement of claims against property rights; property development; zoning and land use; related agriculture issues; home loans and foreclosures; and various other relevant topics. This is a complex practice area, further complicated by the significant inconsistency in the laws throughout different cities and states. Real estate attorneys are versed in many different activities, from the mundane drafting of deeds and filing of liens, to handling boundary and zoning disputes and even assisting families in court when threatened with foreclosure. Copyright HG.org

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Five Painting Strategies for a Strong Sell

Just about every home seller knows that a fresh coat of paint is one of the most inexpensive fixes you can do to perk up your home. Making a good first impression is so important partly because a potential buyer won’t spend long looking at your home if it appears that it is dirty or in bad shape.  One of the easiest and most dramatic ways to enhance that first impression is through paint . A few key tips can help you make the most of your painting budget.

1) Repaint your door. Brightly colored doors are often charming and frequently appear on design blogs and Pinterest. However there is a risk here when reselling, some people may not like the color and that could put them off your home. One way to be more secure about your choice is to check out your neighborhood. What colors are others using? You can also check houses for sale in the area online in order to get more ideas. Also, if you are in a development with a homeowners association there may be some rules about what you can and can’t do in terms of color.  If you are repainting your door make sure to use an outdoor paint that can weather the elements.

2) Touch up the trim. Peeling or faded exterior trim on your home will send a measure that the home isn’t well maintained. Newly painted trim can also make it appear as if the entire exterior has been freshened up. Make sure to do to wash and patch first so that the overall finish is smooth and clean.

3) Prep work makes great work. A sloppy paint job can be worse than no paint job at all. All walls should be patched, smoothed and taped before painting begins and drop cloths should be spread over all exposed surfaces. Even if the trim is a similar color to the rest of the wall, use trim paint for the trim and paint it separately. Make sure to wait between coats and touch up any missed or thin spots.

4) Go neutral. As with doors, vivid colors delight design bloggers but don’t necessarily resonate with potential homeowners. Buyers want to imagine your home as a blank canvas for their own vision. Ivory, white, and pale beige not only won’t clash with your buyer’s furniture but they will also help amplify the experience of light and space in the home.

5) Green it up. One way to help your home go green and appeal to sellers is to use a low or non VOC paint indoors.  VOC stands for volatile organic compounds. These compounds contribute to ozone and smog formation and are linked to respiratory illnesses. That new paint smell often gives people headaches. If you use an eco-friendly paint be sure to mention it in your listing description. Buyers, especially those who are chemically sensitive or have young children, will often look favorably upon this feature.

Source by: Deidre Woollard

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How to Negotiate the Best Real Estate Deal

Whether you’re a buyer or a seller you want to succeed in the realty marketplace. That’s natural and reasonable, but what are the steps you need to triumph?

Negotiation is a complex matter and all transactions are unique. Both sides – buyer and seller – want to feel that the outcome favors them, or at least represents a fair balance of interests. In the usual case there is a bit of bluff, some give-and-take, and neither party gets everything they want.

So how do you develop a strong bargaining position, one which will help you get the most from a transaction? Experience shows there are five basic keys which will determine who wins at the negotiating table.

1. What does the market say?
   At various times we’re in a “buyers” market, a “sellers” market, or a market where housing supply and demand are roughly equal. If possible, you want to be in the market at a time when it favors your position as a buyer or seller.

Because all properties are unique – it is possible to buck general trends and have more leverage than the marketplace would seem to allow. For instance, if you have a property in a desirable neighborhood with few sales, you may be able to get a better deal than elsewhere. Or, if you’re a buyer who can quickly close, that might be an important negotiating chip when dealing with an owner who just got a new job 500 miles away.

2. Who has leverage?
   If you’re on the front page of the local paper because your business went bust – and the buyer knows it – you have little clout in the bargaining process. Alternatively, if you’re among six buyers clamoring for that one special property, forget about dictating an agreement’the owner can sit back and pick the offer which represents the highest price and best terms.
3. What are the details?
   A lot of attention in real estate is paid to transaction prices. This surely makes sense, but the key to a good deal may be more complex.

Consider two identical properties that each sell on the same day for $275,000. The houses are the same, the sale prices are the same, but are the deals the same? Maybe not. For instance, one owner may have agreed to paint the property, replace the roof, purchase a new kitchen refrigerator, and pay the first $3,000 of the buyer’s closing costs. The second owner made no concessions.

In this example, the first house was actually sold at discount’the $275,000 purchase price less the value of the roof repairs, closing credit, and other items. If you’re a buyer, this is the deal you want. If you’re a seller, you would prefer to be the second owner and give up nothing.

4. What about financing?
   Real estate transactions involve a trade – houses for money. We know the house is there, but what about financing? There are several factors that impact the money issue:

• Has the buyer been pre-qualified or pre-approved by a lender? Meeting with a lender before looking at homes does not usually guarantee that financing is absolutely, unquestionably available – a loan application can be declined because of appraisal problems, title issues, survey findings, and other reasons. But, buyers who are “pre-qualified” or “pre-approved” (these terms do not have a standard meaning around the country) at least have some idea of their ability to finance a home and know that they are likely to qualify for certain loan programs. The result is that pre-qualified buyers represent less risk to owners than a purchaser who has never met with a lender. If the seller accepts an offer from a buyer with unknown financial strength, it’s possible that the transaction could fail because the buyer can’t get a loan. Meanwhile, the owner may have lost the opportunity to sell to a qualified buyer.
• The lower the interest rate, the larger the pool of potential buyers. More buyers equal more potential demand, good news for sellers. Alternatively, high rates or even rising rates may drive buyers from the marketplace – and that’s not good for anyone.
• It used to be that downpayments were a major financing hurdle – but not anymore. For those with good credit, loans with 5 percent down or less are now widely available. In fact, 100 percent financing, mortgages with nothing down, are now being made by conventional lenders. Reduced downpayment requirements are good for both buyers and sellers.

5. Who has expertise?
   Imagine you’re in a fight. The other guy has black belts in 12 martial arts – and you don’t. Who’s going to win?

Brokers have long represented sellers, and now buyer brokerage is entirely common. In a transaction where one side has representation and the other does not, who has the advantage at the bargaining table?

Copyright © by Realty Times

Do You Buy or Sell First When You’re Ready to Move?

Should they sell their current home first and then buy another, or buy a new one and then sell? The answer depends on several factors, including your local market conditions, your financing options and your feelings about potentially moving twice if you sell your home before your next residence is available.

Market Conditions

Before you blithely assume that your real estate market is a buyer’s market or a seller’s market, you need to realize that you must be very specific about the market for your particular neighborhood, the style of home you own, and the price range for your property. In addition, you need to assess the availability of homes that meet your criteria. You’ll need to work with a knowledgeable, professional REALTOR® who can talk to you about how quickly homes that are similar to yours are selling and for how much. On the buying side, you should do some preview shopping to get an idea of what you want and how easy it is to find it. For example, if you must live in a particular, popular school district, you may want to consider buying a home first so that you’re sure you have a place you want.

Financial Options

In an ideal world, everyone would have the funds to pay cash for their next home, but the reality is that most people need the equity from the sale of their current home for the down payment on the next house. One option is to sell your home and then negotiate to rent it back from your buyers, but remember THAT you’ll need to pay them for the rental. Also, lenders will limit the rent-back term to a maximum of 60 days because a rental lasting longer than that would be considered an investment property.

Alternatively, you can temporarily live with friends or family or in a short-term rental while you’re between homes. In that case, you might need to pay for a storage facility for your possessions.

A drawback to selling your home first is that you may be unable to find a home to buy, or you may feel rushed into taking a place that doesn’t meet your expectations.

If you can qualify for the mortgage loan on both your current home and the next home, you can access the equity in your current home with a line of credit. You’ll need to take out the line of credit before you put your home on the market and then you can pay it back at settlement.

You may also be able to borrow money for a down payment from relatives that you can repay after your home sells.

Some lenders also offer bridge loans for transitioning homeowners as long as they have excellent credit and sufficient equity in their current home. A lender can help you evaluate your options.

Risk Aversion and a Plan B

You’ll have to ask yourself what scares you most: selling first and having nowhere to live or buying first and being stuck with two mortgage payments. The answer depends on your finances and your local market, but in either case you should have a back-up plan to deal with the worst case scenario – either another source of income for those mortgage payments or an identified place to live for a few weeks or months while you shop for a home.

Source from Michele Lerner

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