Wednesday, May 4, 2011

Splitting the House in a Divorce…. Literally

by Wendy Alton

The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.

One of the issues that the Taubs fought intensely about was who would live in their 3story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.

If that gives you flashbacks to the movie “War of the Roses” then you are spot on.

However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?

Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.

In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.

You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.

If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

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