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Questions Answered by Harry N Konst

1 Answer | Asked in Real Estate Law for New York on

Q: i would like to know if the opposing attorney makes me an offer on his letterhead with his signature, will that offer b

be upheld in a court of law? opposing attorney said if i signed quit claim deed to our home, i would only have to pay $1,000/month in support. i want to know if this is a valid offer or is he making unethical bogus offers to get me to sign the quit claim deed to our home?where can i find the awnser... Read more »

Harry N Konst answered on Jun 9, 2015

Ye of little faith not to trust a lawyer. To protect yourself get your own attorney who knows divorce and real estate law.

1 Answer | Asked in Real Estate Law for New York on

Q: I own a home and my mother has lifetime use. Can my mother sell the house without my signature and /or approval?

Harry N Konst answered on Jun 9, 2015

No, she only has a life estate.

1 Answer | Asked in Real Estate Law for New York on

Q: I breached a contract as a buyer. The house is now back on the market. Does this mean I am released from the contract?

Harry N Konst answered on Jun 9, 2015

The seller has an obligation to "mitigate" her damages. You could be held liable for the difference.

1 Answer | Asked in Real Estate Law for New York on

Q: We are in the process of selling our house. Is it okay if I take all the lightbulbs when I leave?

I don't see them int he contract.

Harry N Konst answered on Jun 9, 2015

You sold your house with everything attached to it, which are called "fixtures."

1 Answer | Asked in Real Estate Law for New York on

Q: Can a Florida real estate look into my current homes deeds, mortgage amount etc, without my consent?

I have never done business with this office and never gave any authority to look into my current home

Harry N Konst answered on Jun 9, 2015

If you nean RE agent, they can view anything that is public knowledge without your consent, which includes your motgage and deed if filed in the county clerk's office.

1 Answer | Asked in Real Estate Law for New York on

Q: If someone makes a full price offer with no contingencies, is it a binding contract that I must sell my home to them?

I recently listed my home for sale, and am having second thoughts.

Harry N Konst answered on Jun 9, 2015

An offer alone does not constitute a contract unless you accept the offer with the new conditions.

1 Answer | Asked in Divorce for New York on

Q: Can you please tell me some answers because no body I talk to can anwser me

I am legally married about 3 years now, but I was going through a safety issue with my daughter so we both had got our names legally changed but not to my husband's last name, our identities are completely changed legally except our socials, so does that mean I am still married or divorced even... Read more »

Harry N Konst answered on Jun 8, 2015

Yes, you are still married until a divorce proceeding is filed and completed. Name changes are irrelevant to your marital status. Contact me if I can be of assistance: www.Konstlaw.com ##konstlaw

1 Answer | Asked in Divorce for New York on

Q: Want to file for divorce in NY, currently not resident, need to care for my parents in NY

I was married in NY years ago, currently resident of another state and want to file for divorce. I am in need to move back to NY to care for my parents. Am I better off to move to NY with my children to care for my parents then file for divorce? If so how long do my children need to be residents... Read more »

Harry N Konst answered on Jun 8, 2015

If you were married in New York State, then NYS has jurisdiction over your case and you may file the divorce in NYS. Contact me if I can be of assistance: www.Konstlaw.com ##konstlaw

1 Answer | Asked in Divorce for New York on

Q: Can you help me find NY law cases ?

Are there law cases to support that court appointed lawyer for the children in divorce cases whose parents, not the state, pay the bills can still collect outstanding fees despite substantial non-compliance with NYCRR1400, specifically failure to bill every 60 days. In fact, there was only one... Read more »

Harry N Konst answered on Jun 8, 2015

If you do not know how to find the law case, then you probably won't know what to do with the case once you find it. Contact me if I can be of assistance: www.Konstlaw.com ##konstlaw

1 Answer | Asked in Divorce for New York on

Q: i haven't heard from my wife in four years, is there a way to divorce without court. (loophole?) if any

Harry N Konst answered on Jun 8, 2015

Not in New York State, which requires a divorce proceeding. Contact me if I can be of assistance: www.Konstlaw.com ##konstlaw

1 Answer | Asked in Divorce for New York on

Q: In New York, what does equitable distribution mean? Is it different from community property or common law property?

Harry N Konst answered on Jun 8, 2015

First, common law marriage is not recognized in New York State, unless it was created in a sister state. Further, NYS does not recognize community property. NYS is a separate property state. ED, or equitable distribution, is the division of marital property. Contact me if I can be of further... Read more »

1 Answer | Asked in Divorce for New York on

Q: Filed for an un contested divorce, been separated for a year. What if she won't sign the papers can I still get divorce

Harry N Konst answered on Jun 8, 2015

If your spouse fails to reply, it raises the issue as to whether the divorce is "uncontested." However, if your spouse was properly served and you wait the statutory time period, the divorce can proceed in a "default" posture. However, I recommend contacting an attorney at this point. #KonstLaw... Read more »

2 Answers | Asked in Divorce for New York on

Q: I was told adultry was no longer in effect as for grounds for divorce in NY. Is this true?

Harry N Konst answered on Jun 8, 2015

New York has changed its laws regarding grounds for divorce. A no-fault type divorce is not available in New York State. Contact me if I can be of service. www.KonstLaw.com #Konstlaw

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1 Answer | Asked in Divorce for New York on

Q: pre marital property is not allowed to be sold during a divorce???

Harry N Konst answered on Jun 8, 2015

With divorce pleadings that are initially filed are what's called "Automatic Orders." They order you not to transfer any property or possibly be in contempt of court.

1 Answer | Asked in Divorce for New York on

Q: If I don't have all my papers into my lawyer by the time we go to court, will the judge penalize me?

Harry N Konst answered on Jun 8, 2015

It depends on what and if the judge ruled on what paperwork is being required. Failure to comply with the judge's OR YOUR LAWYER'S requests will only lengthen and possibly complicate the divorce, which will probably add to your legal expenses.

2 Answers | Asked in Divorce for New York on

Q: I am filing an uncontested divorce, we have two children over 18, do they need to be listed on the divorce paperwork.

Harry N Konst answered on Jun 8, 2015

Both need to be listed in your documents. If your children are enrolled in school, you and your spouse have support obligations.

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