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As highlighted by this CNBC coverage, taking financial missteps during divorce can leave you in bad shape, especially if you and your ex’s finances are closely intertwined. It is crucial that you understand the implications of all the financial decisions being made, even if you are working with an attorney and/or financial advisor.

Below, we discuss some of the mistakes you’ll want to ensure that you avoid:

The Family Home & Liquid Assets

Many people going through divorce think about whether they should keep the family home for the sake of their kids and providing consistency and routine. However, it is important to note that the mortgage that you could once afford with two incomes may no longer be sustainable to stay in.

In addition, if you are offered the family home in exchange for your ex obtaining particular investments (such as the brokerage count or retirement savings), remember how costly keeping the house could be. It may not behoove you to take that trade.

Taxes Are Relative

Remember that some things are taxed (such as income from the 401k) and some are not (such as the checking account, and keep this in mind when dividing up assets.

401(k) Plans

Remember that in order to obtain a share of your former spouse’s 401(k) plan, you first have to get a Qualified Domestic Relations Order (QDRO) from the court. By doing so, you avoid paying a penalty for withdrawing funds from it early, however, you will still need to place it into an individual retirement account within 60 days to avoid paying income tax.

Alimony & Life Insurance

If you rely on child support and/or spousal support, consider taking out life insurance on your former spouse in case of their death. With you listed as the owner and beneficiary on the policy, it could serve as potential protection against the loss of vital income.

Consult With an Experienced Florida Divorce Attorney

Remember that in Florida, marital property is divided equitably, and this includes assets that were acquired during the marriage, unless it was specifically set aside as separate property pursuant to a pre-or postnuptial agreement. This includes retirement funds, insurance policies, pensions, and other assets acquired during the marriage, but not inheritance and gifts specifically given to one party only.

Consulting with an experienced attorney is wise at all stages of divorce, even in the very early stages. Your attorney can help you plan out what properties and assets will remain separate during marriage and help you ensure that you are on the right track in managing your assets to set them aside as separate property.

If you or a loved one has any questions about divorce, contact our experienced divorce and family law attorneys at HD Law Partners in Orlando, Tampa or Sarasota. We will ensure that you remain protected, regardless of your particular circumstances.

Resource:

cnbc.com/2017/09/21/when-it-comes-to-divorce-not-all-assets-are-equal.html

Florida property owners have thus far filed reportedly $2 billion in claims to their insurance companies seeking assistance for damage caused by Hurricane Irma. The storm was ranked as one of the most powerful to hit the Atlantic, and killed at least 33 people in the state of Florida alone.

It is crucial that insurance companies are prompt in responding to hurricane claims, as the more time that passes without access to their homes, the more unnecessary costs they experience. Your level of protection largely depends upon what protection your state offers you.

Yet, while the state of Florida’s two largest insurers—Universal Property & Casualty and State Farm—have indicated that they have plenty of resources to ensure that their clients are taken care of after the storm, thousands of people in Florida are reportedly being told that their insurance policies will not cover the losses they sustained, indicating that they may have a fight ahead of them in getting the protection they’ve already been paying for years.

The Issue of Floods

Frequently, policyholders are told that they have no coverage if their damage was caused by flooding, specifically. Coverage also tends to be hampered if the damage is due to both winds and flooding, combined. Because flood insurance is not included in most homeowner policies, some are required to have it, however, floods caused by hurricanes affect more land and homeowners than typical, expected floods, leaving homeowners in a bind.

The Law in Florida

Florida provides specific protection regarding homeowner claims, known as a “Bill of Rights,” which is specific to the claims process (and in addition to other rights policyholders have in the state). Those include the right to:

  • Have your claim acknowledged within 14 days after submitting it;
  • Receive notice from your insurance company regarding how much of your claim is covered within 30 days of submitting your proof-of-loss statement;
  • Receive full settlement payment for your claim and/or the undisputed portion of the claim (or a denial, if applicable) within 90 days;
  • Free mediation from the Florida Department of Financial Services, should you so choose regarding your disputed claim;
  • Neutral evaluation of your disputed claim if it involves a sinkhole covered by your policy; and
  • Seek the assistance of the Florida Department of Financial Services, Division of Consumer Services for assistance with any claim.

The law also provides advice regarding what contractors you work with and in working with your insurance company before entering into any contracts for repairs or assigning policy benefits.

Experienced Legal Representation in Central Florida Insurance Disputes

At HD Law Partners, we are dedicated to serving hurricane victims with their property insurance claims. We have decades of experience litigation insurance coverage disputes throughout the state of Florida. We can assist you in formulating an appropriate strategy for ensuring that you and your family are protected. Contact us today.

Resources:

https://sun-sentinel.com/news/weather/hurricane/fl-bz-hurricane-irma-aob-warnings-20170909-story.html

https://insurancejournal.com/magazines/features/2017/10/02/465609.htm

https://myajc.com/news/state–regional/irma-victims-now-may-face-insurance-struggles/DhD9KKjZj3mmn7XxNUCpyL

More and more people are considering entering into a postnuptial agreement – also known as a reconciliation contract – in order to take a pause before moving forward with divorce, especially in states like Florida, where the law does not provide an avenue for formal, legal separation.

To be clear, a postnuptial agreement is an agreement couples enter into after marriage (in contrast to a prenuptial agreement, which is drafted and signed by both parties before marriage). They can be entered into at any point after getting married, and in this way, can serve as a template or blueprint which allows a couple to take time to try and work on any issues in the marriage (such as financial and/or asset-related issues) before moving forward with a formal divorce.

Benefits

Because Florida does allow couples to enter into valid separation agreements if divorce is imminent, these postnuptial agreements tend to prescribe the terms of a split if reconciliation fails, including the relevant financial arrangements, and are selected when divorce isn’t yet imminent. More and more, couples are finding that these agreements are a more acceptable means of moving towards what they want because:

  • The terms of the split are discussed prior to the decision to definitely move forward with a divorce, thus the terms sometimes end up being more fair and constructive;
  • Reconciliation instead of divorce may ultimately be the outcome. Some experts have commented that reconciliation can often only happen when a couple first puts forward a list of expectations (i.e. the reconciliation or postnuptial agreement); and
  • It may help couples feel that they tried every possible option before choosing to end their marriage.

Consult With an Experienced Florida Divorce Attorney

Much like premarital agreements, postmarital or postnuptial agreements must be entered into voluntarily; and cannot be the product of coercion or misinformation, where one party was not provided with fair and reasonable disclosure of the property or financial obligations of the other party. This is for good reason: these agreements are often entered into with regard to the rights of both parties, where significant property is involved, along with spousal support, wills, trusts, policy benefits, and other significant assets.

In this sense, both parties working with attorneys in drafting and negotiating these types of agreements is an absolute must. That way, you know that they are legally binding, fair, and in accordance with local law. In fact, consulting with an experienced attorney is a good idea at all stages of marriage: before, during, and after. Your attorney can help you ensure that you are on the right track in managing your assets as well, even before you enter into any agreements.

If you or a loved one is contemplating separation or divorce, contact the Florida family law attorneys at HD Law Partners today. We provide the legal representation you need in these cases and can help ensure that you remain protected throughout the process.

Resource:

gearsofbiz.com/reconciliation-contracts-the-pause-on-divorce/57796

property insurance

When it comes to monthly dues and homeowners’ associations, questions come up frequently; both from executives dealing with homeowners who aren’t paying yearly dues; and from homeowners wondering whether there are circumstances that allow them to withhold monthly dues.

When it comes to homeowners’ dues, property managers, presidents, and other executives have a fiduciary duty to ensure that all owners stay current with their dues. The failure to do so could lead to a Pandora’s Box of issues, whereby other owners follow suit and fail to pay dues as well.

Owners Failing To Pay Dues

Most legal documents signed with homeowners’ associations, as well as state laws, allow associations to file liens against owners for failing to pay their dues. Another option for the association is to foreclose on the owner. Regardless of the option pursued, working with an experienced homeowners’ association attorney in your area is necessary, noting that, in most circumstances, the association can also recoup its legal fees for having to file against the owner.

The Law in Florida

Under Florida law, to be valid, a claim of lien must include the parcel description, the name of the owner, the name and address of the association, the assessment (amount) due, and the date it is due. The association must also send the owner notice of their intent to record a lien at least 45 days prior. They must also serve a notice of intent to foreclose on the lien. As previously mentioned, the homeowners’ association can also sue the owner for attorneys’ fees.

Keep in mind that law is different for condominiums, which cannot file the actual lien until 30 days after the notice of intent to file the lien is served on the owner. Consult with your attorney concerning lien priority and the date that the association recorded its Declaration of Covenants, Conditions, and Restrictions.

Owners Withholding Dues

Similarly, owners sometimes wonder what their options are, should their homeowners’ association fail to uphold what’s promised in the legal documents: holding open board meetings, answering questions, etc. However, it is important to note that the law does not generally uphold your right to withhold your dues simply because you are dissatisfied with the homeowners’ association. Typically, any disputes with the association have to be taken up by suing the association, not via withholding your dues. In addition, your contract will sometimes entail what steps should be taken in the instance of disappointment with your association, such as options you might have for recalling specific board members.

Florida Homeowners’ Association Attorneys

At HD Law Partners, our Tampa homeowners’ association attorneys have over 40 years’ combined experience providing knowledgeable, proactive legal representation for various property interests. Contact us today to find out how we can help with your legal questions.

Resource:

washingtonpost.com/realestate/when-some-homeowners-dont-pay-their-annual-dues-whats-an-hoa-to-do/2017/09/06/3ec1f7ee-89bf-11e7-a50f-e0d4e6ec070a_story.html?utm_term=.88c181a35e95

foreclosure

There have been a number of disputes around the country of late between landlords and homeowners associations and tenants/homeowners of late over what rights homeowners have to display particular items; for example, flags that others may find offensive. As a result, we thought we would provide some background on what rights both landlords and homeowners associations have in limiting certain types of displays in communities.

When these types of disputes reach litigation, landlords typically file a claim arguing that tenants contractually gave up any free speech rights by their execution of the lease agreement, which bans objectionable conduct; the unreasonable conduct being actions that are unreasonable in character. In the instance of homeowners associations, buyers agree to certain restrictive covenants when they purchase their home, which associations then have the right to enforce.

Landlord-Tenant Dispute over Flag Display

In the most recent case of the man who hung confederate flags outside of his apartment window, the landlord claimed a tenant hanging Confederate flags outside of his apartment windows with a spotlight on them was particularly unreasonable, objectionable conduct in light of the wake of recent activities in Charlottesville, Virginia. Specifically, he claimed that the conduct was prohibited and creates a clear and present danger to the building, its residents, and the community at large, all of whom have expressed fear of physical attack due to the flag display. A rock has already been thrown through the window in response to the flag display, and police have had to patrol the area for the past several days after protesters expressed discontent in front of the building.

Failing To Abide By HOA Restrictive Covenants

Unfortunately, these disputes are rather common: neighborhood squabbles erupt over outside decorations on homes in associations and apartments quite frequently; even over such items as planters and paintings. These types of issues often arise when buyers and renters do not do enough research before moving in. When the community covenant lays down a law on lawn decorations, it has a duty to enforce its restrictions on everyone, equally. Many of these restrictive covenants go into exacting detail on the amount of plant material that can be in a yard, colors that can be used on houses, roofs, and gutters, whether residents can have gazebos, etc.

The first step that an association typically takes is informing residents that they can request a hearing or, if not, they need to address the issue within a specific timeframe. Failing to do so could cause the association to come under attack for negatively affecting another resident’s ability to sell their homes.

Homeowners’ Association & Landlord Attorneys Serving Florida

At HD Law Partners, we represent landlords, homeowners’ associations, and condominium associations who need to enforce requirements in their contracts. Our attorneys provide knowledgeable, proactive legal representation you can count on. We have over 40 years’ combined experience, and the expertise to help ensure your property’s interests and assets are protected. Contact us today to find out how we can help.

Resources:

www.macombdaily.com/article/MD/20170824/NEWS/170829809

nypost.com/2017/08/21/landlord-drops-suit-against-tenant-with-confederate-flags/

Son sitting on his father's shoulders

The law favors keeping families together as long as it is in the best interest of the child. In this regard, only very specific actions can lead to the termination of parental rights in states like Florida, actions such as:

Written Surrender

Parents can voluntarily execute a written surrender of a child and consent to an order providing custody to the Florida Department of Children and Families. The surrender must be executed before two witnesses and a notary public or other authorized individual.

Abandonment

Abandonment is defined by statute as a situation in which the identity or location of one or both parents is unknown and cannot be ascertained within 60 days.

Safety & Well-Being of Child Threatened

When evidence indicates that one or both parents have engaged in conduct towards their child or other children which demonstrates that the continuing involvement of one or both parents threatens the safety, well-being, or physical, mental, or emotional health of the child, this can serve as grounds for the termination of parental rights.

Incarceration

If the parent of a child is incarcerated for a significant portion of the child’s minor life or the parent is determined by the court to be a violent career criminal, a habitual violent felony offender, a sexual predator, guilty of first or second degree murder, or a sexual battery that constitutes first degree felony (or has been convicted of an offense substantially similar to one of these), or if the court determines that continuing the parental relationship with the incarcerated parent would be harmful to the child and terminating those parental rights would be in the best interest of the child, there can be grounds for the termination of parental rights.

Adjudicated Dependent

If the child has been adjudicated dependent, a case plan has been filed, and the child continues to be abused, neglected, abandoned, or the parent(s) have materially breached the case plan, this can serve as grounds for the termination of parental rights.

Egregious Conduct

The termination of parental rights can also be established if one or both parents have engaged in egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling.

Other Actions

Grounds for the termination of parental rights may also be established under the following circumstances:

  • One or both parents have subjected their child or another to aggravated child abuse;
  • One or both parents have committed murder, manslaughter, aiding, or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or committed a felony battery that resulted in serious bodily injury to their child or another child;
  • The parental rights of the parent to a sibling of the child have been terminated involuntarily; or
  • One or both parents have a history of extensive, abusive, and chronic use of alcohol or a controlled substance which renders them incapable of caring for the child, and have refused or failed to complete available treatment for such use during the three-year period immediately preceding the filing of a petition for the termination of parental rights; amongst various other circumstances.

Contact Our Experienced Divorce & Family Law Attorneys

Whether you are seeking to establish parental rights or terminate them for the welfare of your child, we can help. Contact the office of HD Law Partners to find out about our services.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.806.html

real estate

When it comes to running a homeowners association or condominium and all of the upkeep and operations associated with these types of properties, it is important to understand the ins and outs of insurance coverage and liability.

For example, “bare walls” insurance plans are often discussed in associations that want to limit the cost of water damage claims because each owner (versus the homeowners association) restores their own unit interior (including cabinets, walls, and floor coverings, as well as other interior finishes).

What Is “Bare Walls Coverage”?

“Bare walls” coverage is a type of insurance coverage purchased by condo or homeowners associations which typically applies to communally-used features in buildings (such as entryways). Associations typically use costs that they charge in HOA fees to cover this type of insurance policy. However, it is the most limited type of coverage that an association can purchase. Individual unit owners are required to purchase their own insurance to cover anything that is damaged within their units (for example, toilets, appliances, etc.).

The alternative type of insurance that an association can purchase is known as full or all-inclusive coverage (also known as “single entity coverage”). This applies to all the property on-site, including the individual units; however, it does not apply to unit owners’ personally-owned items, such as computers, clothing, etc. Single entity coverage is more commonly purchased by associations, as it also covers the cost of property improvements.

Pros and Cons

While some do not necessarily prefer a bare walls system because it has the potential to expose an association to damage if the owner does not obtain proper interior insurance (and thus does not properly restore a unit after water damage), others feel that it is the best way to equitably share the risk of damage to the interior of the property. Otherwise, too much responsibility could fall on the shoulders of the homeowners association and potential claims against its policy, which then raises premiums.

The Importance of Individual HO6 Policies

Regardless of which type of insurance policy your association goes with, individual unit owners should always have HO6 policies. In addition, associations can always obtain a modification or “endorsement” to their policy, which removes floor and wall coverings from its insurance coverage. Ultimately, homeowners associations should always discuss the pros and cons (costs and benefits) of each alternative with both their insurance brokers and legal counsel and each association should tailor their approach to their own individual needs.

Dedicated Homeowners’ Association Attorneys Serving Orlando, Sarasota, and Tampa

HD Law Partners provides the knowledgeable, proactive homeowners’ association legal representation you need. “Bare Walls” Or Full Insurance Coverage for Homeowners Associations: A Discussion Contact us today to find out more about our services.

Resource

business

Many are concerned about the new arbitration rule issued by the Consumer Financial Protection Bureau, which is set to go into effect in September. The rule would prohibit consumers from agreeing to use arbitration to remedy any disputes they have with credit card companies and banks.

As a result, in July, the U.S. Senate Committee on Banking, Housing, and Urban Affairs announced that it will file a Congressional Review Act Joint Resolution of Approval in the Senate, disapproving of the rule. Florida Senator Marco Rubio is one of the original co-sponsors of the resolution expressing disapproval.

Arbitration Clauses in Consumer Contracts

Banks and other financial firms typically include language in consumer contracts blocking individuals from filing class action lawsuits and instead funneling any disputes over credit cards and similar accounts into private arbitration. In this context, arbitration tends to be more cost-efficient and often deters people from filing frivolous lawsuits against credit card and banking companies.

However, if the rule goes into effect, it will allow class action lawsuits against these companies to be filed, enabling additional group lawsuits.

Criticism

Many are concerned that the Consumer Financial Protection Bureau has gone too far and is effectively engaging in lawmaking without involving Congress or oversight from the executive branch. In addition, a study put out by the Bureau in 2015 arguably found that arbitration can be beneficial to consumers; that it can be a fair and successful way of resolving disputes; whereby regulatory efforts to limit its use could actually leave consumers worse off. The regulation could also allegedly have the unintended effect of increasing obstacles for new fintech and peer-to-peer lending startups.

Congress now has the option of using the Congressional Review Act to block the rule from going into effect. Under the Act, Congress has the option to rescind the rule with the majority vote within 60 legislative days after an agency has submitted the rule to Congress.

Some have also suggested that there is an additional method available to kill the rule: The Trump administration could unilaterally strike it down under the justification that it threatens the safety and soundness of lenders. This is because the same Dodd-Frank law that created the Consumer Financial Protection Bureau also provides the Financial Stability Oversight Council with the ability to set aside any rule issued by the Bureau which endangers the stability of the financial system.

Attorneys Working To Protect Corporate Employers and Businesses

If you are a business owner and have questions concerning legal matters with regards to your business or corporation, contact us today to find out how we can help.

At HD Law Partners, our Florida business and corporate law attorneys have over 40 years’ combined experience in representing clients who own a variety of types and sizes of businesses. We are strong corporate advocates, working aggressively to ensure that your company’s interests are protected.

Resources:

banking.senate.gov/public/index.cfm/republican-press-releases?ID=6BDC6262-6C31-42FB-9794-21941FA3683E

thehill.com/blogs/pundits-blog/finance/342800-warrens-consumer-financial-protection-bureau-setting-dangerous

For many who are contemplating a divorce, the thought of what might happen to your retirement savings as a result is beyond harrowing. What’s going to happen to our home, expenses, medical insurance? While these details can sometimes be overwhelming, an experienced divorce attorney who regularly works on family law cases can help advise you on how to plan for the division of retirement assets and properly plan for retiring post-divorce.

Marital Assets

Any property acquired during the marriage is generally considered marital property and subject to equitable division. Property acquired prior to marriage as well as property inherited, acquired after separation, and/or divided via a prenuptial agreement is considered to be non-marital property. However, it is important to be careful about non-marital property that may have been commingled with marital property, as this could also be subject to equitable division.

What about IRAs? 401(k)s?

Individual retirement accounts are generally considered to be marital property and, upon divorce, the non-owning spouse will typically have their portion placed into a new account in their name. However, any IRAs and/or other accounts that existed prior to the marriage, whereby marital funds did not contribute to its growth, may be considered non-marital property.

401(k)s and pension plans are also generally considered marital property unless started prior to marriage and lacking in investment from marital funds. These can be difficult in terms of equitable distribution, however, thus a Qualified Domestic Relations Order is sometimes necessary in order to provide for both spouses upon divorce.

After divorce, it is entirely possible that the portion of your paychecks going into your 401(k) plan will change because you need to meet your expenses somewhat differently. This can be exacerbated by related expenses, such as child care expenses.

General Tips

We suggest that you take the following steps in an effort to better prepare yourself for retirement after divorce:

  • Educate yourself more on how retirement assets are divided after divorce;
  • Do not give into pressure to quickly give away particular assets in an effort to get the divorce over with. It is sometimes important to negotiate and protect your future. This is especially the case when it comes to forgoing retirement benefits for, say, the family home which, in some circumstances, may not be the best financial choice;
  • Work with an experienced divorce attorney to help value your marital retirement assets;
  • Consider the tax implications of every choice;
  • Find out if you qualify for spousal benefits; and
  • Ensure that you and your attorney obtain a Qualified Domestic Relations Order for any qualified retirement plans that will be divided upon divorce.

Consult With an Experienced Florida Divorce Attorney

Divorce can have a substantial impact on couples’ retirement plans, especially if they’ve been married for a number of years. If you are in the process of getting divorced, it is critical that you consult an experienced divorce attorney to help provide you with guidance in protecting your assets.

The experienced Florida divorce lawyers at HD Law Partners provide the very best in legal representation in family law cases here in Florida. Contact us today.

Resource:

forbes.com/sites/lawrencelight/2017/07/24/does-divorce-derail-retirement/#24cca3053a59

Nothing is perhaps more effective in ensuring that there is a smooth relationship between landlords and tenants than carefully drafting and negotiating the contract that governs that relationship and the rights that each party has.

One of those terms includes the terms of “enjoyment” covenant, also known as a covenant of quiet enjoyment. This aspect of the lease refers to what extent the tenant and/or landlord is able to possess the premises in peace without disturbance by others. In other words, it’s the right to undisturbed use, and if it isn’t expressly spelled out with the specifics in the lease, it is automatically implied by the courts. This means that if the landlord “interferes” with this quiet enjoyment in any way, this can provide the tenant with the right to withhold rent and, in some circumstances, even terminate the lease itself.

The Right to Modify & Negotiate

One thing you will notice is that, even though this covenant is implied, it is usually written into every lease. This is because both parties (landlord and tenant) always retain the right to modify the condition and enforcement of this covenant by the tenant. Thus, when it does appear in a lease, its purpose is typically to restrict the conditions of the tenant’s rights. While this typically looks like language referring to a tenant’s requirement to pay rent and perform all of their lease operations before they enjoy quiet enjoyment against the landlord, contract law actually allows for two parties to contract to pretty much anything as long as it’s legal; thus, a landlord has a significant amount of leeway in building flexibility into this provision in the lease if need be.

Absent certain circumstances warranting ignoring carefully crafted covenants like these, the courts will not modify or default in spite of these negotiated terms. Thus, negotiating carefully and writing well are very important for Florida landlords.

Be Aware of the Fair Housing Act

As a landlord dealing with the issue of quiet enjoyment, you may at one point or another also deal with a tenant asking you for a reasonable accommodation in moving either themselves or another tenant, particularly in instances of noise complaints. Note that the Fair Housing Act prohibits discrimination by landlords, real estate companies, and similar entities to make housing unavailable to people due to race, religion, sex, national origin, familial status, or disability. Thus, for example, evicting families with children due to noise complaints could violate the law in terms of family discrimination prohibitions.

Attorneys Representing Property Owners in Tampa, Orlando, and Sarasota, Florida

If you are a property owner or landlord in need of legal assistance, our landlord/tenant attorneys are here to help. At HD Law Partners, we have been representing and providing legal advice to property owners throughout Florida for over 40 years combined. Contact us today to find out more.

Resource: https://newsok.com/article/5556192

HTTP Error 500.30 - ASP.NET Core app failed to start

HTTP Error 500.30 - ASP.NET Core app failed to start

Common solutions to this issue:

Troubleshooting steps:

For more guidance on diagnosing and handling these errors, visit Troubleshoot ASP.NET Core on Azure App Service and IIS.