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Stopping Court Ordered Property Sale
Summary
In New York, to stop a court-ordered property sale after divorce, you can file a Motion to Stay the Sale or a Motion to Reconsider, even if the divorce is finalized. Highlighting the long-term residence and potential hardship on families, especially with young children, can influence the judges decision. Immediate family members can purchase the property at fair market value. If the family was not mentioned in the original hearing, this information can be included in the motion. Templates and guidance for drafting these motions can be found through resources like Legal Aid Society of New York and LawHelpNY.Full Conversation
yes
To stop the sale of the property and have a judge review the decision in New York, you can:
- File a Motion to Stay the Sale: This temporarily halts the sale process.
- File a Motion to Reconsider: This asks the judge to review and possibly change the decision.
- Appeal the Decision: This involves a higher court reviewing the lower court's decision.
Would you like more details on any of these steps?
- File a Motion to Stay the Sale: This temporarily halts the sale process.
- File a Motion to Reconsider: This asks the judge to review and possibly change the decision.
- Appeal the Decision: This involves a higher court reviewing the lower court's decision.
Would you like more details on any of these steps?
what if your immediate family are living in the home
If your immediate family is living in the home, you can include this information in your motions to emphasize the hardship and potential impact on your family. Highlighting their residence in the home may strengthen your case for a Motion to Stay the Sale or a Motion to Reconsider.
Would you like more details on how to file these motions?
Would you like more details on how to file these motions?
if the property is marital property and court ordered to sell and split */* can the immediate family living in the house pay to purchase the property at any cost?
Yes, the immediate family living in the house can purchase the property, but they must offer a fair market value. The court's primary concern is ensuring the */* split is fair, so the purchase price must reflect the property's true value.
Would you like more details on how to proceed with this?
Would you like more details on how to proceed with this?
can the immediate family with young children be evicted from the property because it was court ordered to sell? would the judge still court order the sale of the property knowing family with young children live there too?
- In New York, the court can order the sale of a property even if a family with young children lives there.
- Including the presence of young children in your Motion to Stay or Motion to Reconsider may influence the judge's decision.
- The court's priority is an equitable distribution of assets.
Would you like more information on how to file these motions?
- Including the presence of young children in your Motion to Stay or Motion to Reconsider may influence the judge's decision.
- The court's priority is an equitable distribution of assets.
Would you like more information on how to file these motions?
would the judge still force the sale of a secondary home if they knew the divorcee's children and grandchildren lived in the property for over 8 years? what if the family was never brought up in the divorce hearing?
In New York, the judge might still enforce the sale of a secondary home, even if the divorcee's children and grandchildren have lived there for over 8 years. However, if this information wasn’t presented during the divorce hearing, you can file a Motion to Reconsider, highlighting the family’s long-term residence to potentially influence the judge's decision.
Would you like guidance on filing a Motion to Reconsider?
Would you like guidance on filing a Motion to Reconsider?
yes
To file a Motion to Reconsider in New York:
- Draft a motion detailing the family’s long-term residence and hardship caused by the sale.
- Attach supporting evidence (e.g., proof of residence, impact statements).
- Submit the motion to the court that issued the original order.
Would you like help with drafting the motion?
- Draft a motion detailing the family’s long-term residence and hardship caused by the sale.
- Attach supporting evidence (e.g., proof of residence, impact statements).
- Submit the motion to the court that issued the original order.
Would you like help with drafting the motion?
can the family submit the motion to reconsider?
Yes, the family can submit the Motion to Reconsider. It should include details about their long-term residence and any hardships caused by the sale.
Would you like more detailed information on drafting the motion?
Would you like more detailed information on drafting the motion?
even if the divorce is finalized?
Yes, even if the divorce is finalized, you can still file a Motion to Reconsider the court's decision regarding the sale of the property. This motion would request that the judge review and potentially change the order based on new or previously unconsidered information.
Would you like more detailed guidance on drafting this motion?
Would you like more detailed guidance on drafting this motion?
yes
To draft a Motion to Reconsider in New York:
- Title: Clearly state it is a "Motion to Reconsider."
- Introduction: Briefly summarize the original court order and the reason for reconsideration.
- Details: Provide specifics about the family's long-term residence and any hardships, including proof of residence and impact statements.
- Conclusion: Request the court to review and amend the order based on this new information.
Would you like more detailed guidance or templates to assist with drafting this motion?
- Title: Clearly state it is a "Motion to Reconsider."
- Introduction: Briefly summarize the original court order and the reason for reconsideration.
- Details: Provide specifics about the family's long-term residence and any hardships, including proof of residence and impact statements.
- Conclusion: Request the court to review and amend the order based on this new information.
Would you like more detailed guidance or templates to assist with drafting this motion?
show me a example
To help you draft a Motion to Reconsider in New York, here’s an example:
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Motion to Reconsider
Introduction:
We respectfully request that the court reconsider the order dated [date of original order], which mandates the sale of the marital property at [property address]. The reconsideration is sought due to significant new information regarding the long-term residence of the divorcee’s children and grandchildren.
Details:
*. Long-term Residence: The family, including young children, has lived in the property for over 8 years.
- Proof of residence: [Attach utility bills, lease agreements, school enrollment records, etc.]
*. Hardship: The eviction would cause undue hardship, disrupting the children's education and the family's stability.
- Impact Statements: [Include personal statements from family members detailing the impact of the potential sale.]
Conclusion:
In light of the above information, we request the court to amend the order and consider an alternative arrangement that allows the family to remain in the home.
---
Would you like assistance with finding specific templates or further guidance on the legal language?
Introduction:
We respectfully request that the court reconsider the order dated [date of original order], which mandates the sale of the marital property at [property address]. The reconsideration is sought due to significant new information regarding the long-term residence of the divorcee’s children and grandchildren.
Details:
*. Long-term Residence: The family, including young children, has lived in the property for over 8 years.
- Proof of residence: [Attach utility bills, lease agreements, school enrollment records, etc.]
*. Hardship: The eviction would cause undue hardship, disrupting the children's education and the family's stability.
- Impact Statements: [Include personal statements from family members detailing the impact of the potential sale.]
Conclusion:
In light of the above information, we request the court to amend the order and consider an alternative arrangement that allows the family to remain in the home.
---
Would you like assistance with finding specific templates or further guidance on the legal language?
yes
You can find specific templates and further guidance on legal language for a Motion to Reconsider through legal aid websites or family law resources.
Would you like recommendations for online resources where you can find these templates?
Would you like recommendations for online resources where you can find these templates?
yes
You can explore the following resources for templates and detailed guidance on legal language for a Motion to Reconsider:
Website: [www.legalservicesnyc.org](http://www.legalservicesnyc.org)
Phone: (*) *-*
Website: [www.lawhelpny.org](http://www.lawhelpny.org)
Phone: (*) *-*
Would you like further assistance with any other aspect of your case?
Legal Services NYC
Website: [www.legalservicesnyc.org](http://www.legalservicesnyc.org)
Phone: (*) *-*
LawHelpNY
Website: [www.lawhelpny.org](http://www.lawhelpny.org)
Phone: (*) *-*
Would you like further assistance with any other aspect of your case?
yes
You can find templates and guidance on drafting a Motion to Reconsider through resources like Legal Aid Society or LawHelpNY.
Would you like recommendations for any specific legal aid websites?
Would you like recommendations for any specific legal aid websites?
yes for ny
You can find templates and guidance on drafting a Motion to Reconsider through the following resources:
Website: www.legalaidnyc.org
Website: www.lawhelpny.org
Would you like more information on how to contact these organizations?
Legal Aid Society of New York
Website: www.legalaidnyc.org
LawHelpNY
Website: www.lawhelpny.org
Would you like more information on how to contact these organizations?
show me a templet
Certainly! Here is a template for a Motion to Reconsider in New York:
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Motion to Reconsider
Title: Motion to Reconsider
Introduction:
We respectfully request that the court reconsider the order dated [date of original order], which mandates the sale of the marital property at [property address]. The reconsideration is sought due to significant new information regarding the long-term residence of the divorcee’s children and grandchildren.
Details:
*. Long-term Residence: The family, including young children, has lived in the property for over 8 years.
- Proof of residence: [Attach utility bills, lease agreements, school enrollment records, etc.]
*. Hardship: The eviction would cause undue hardship, disrupting the children's education and the family's stability.
- Impact Statements: [Include personal statements from family members detailing the impact of the potential sale.]
Conclusion:
In light of the above information, we request the court to amend the order and consider an alternative arrangement that allows the family to remain in the home.
---
Would you like more assistance with any specific part of the motion?
---
Motion to Reconsider
Title: Motion to Reconsider
Introduction:
We respectfully request that the court reconsider the order dated [date of original order], which mandates the sale of the marital property at [property address]. The reconsideration is sought due to significant new information regarding the long-term residence of the divorcee’s children and grandchildren.
Details:
*. Long-term Residence: The family, including young children, has lived in the property for over 8 years.
- Proof of residence: [Attach utility bills, lease agreements, school enrollment records, etc.]
*. Hardship: The eviction would cause undue hardship, disrupting the children's education and the family's stability.
- Impact Statements: [Include personal statements from family members detailing the impact of the potential sale.]
Conclusion:
In light of the above information, we request the court to amend the order and consider an alternative arrangement that allows the family to remain in the home.
---
Would you like more assistance with any specific part of the motion?
if you rent a property in nys what laws must be followed
If you rent a property in New York State, here are key laws you must follow:
- Security Deposits: Landlords must return security deposits within 14 days of lease termination.
- Rent Increases: Landlords must provide notice for rent increases (30 days for leases under a year, 60 days for *-2 years, and 90 days for over 2 years).
- Habitability: Landlords must maintain the property in a habitable condition.
- Rent Control/Stabilization: Specific rules apply in NYC and some other areas.
- Eviction: Landlords must follow legal eviction procedures.
Do you have questions on any specific aspect of these laws?
- Security Deposits: Landlords must return security deposits within 14 days of lease termination.
- Rent Increases: Landlords must provide notice for rent increases (30 days for leases under a year, 60 days for *-2 years, and 90 days for over 2 years).
- Habitability: Landlords must maintain the property in a habitable condition.
- Rent Control/Stabilization: Specific rules apply in NYC and some other areas.
- Eviction: Landlords must follow legal eviction procedures.
Do you have questions on any specific aspect of these laws?
month to mounth
If you are renting a property on a month-to-month basis in New York State, here are some key points to consider:
- Notice for Termination: Either party must give at least 30 days' notice to terminate the tenancy.
- Rent Increases: Landlords must provide 30 days' notice for any rent increase.
- Habitability: Landlords must maintain the property in a habitable condition.
Do you need more information on any of these points?
- Notice for Termination: Either party must give at least 30 days' notice to terminate the tenancy.
- Rent Increases: Landlords must provide 30 days' notice for any rent increase.
- Habitability: Landlords must maintain the property in a habitable condition.
Do you need more information on any of these points?
what to do if landloard lied bout giving us a rent increase notice in a court of law
If your landlord lied about giving a rent increase notice in court, you can:
- Present evidence showing you did not receive the notice (e.g., emails, letters).
- Testify about your lack of notice.
- Request the court to dismiss the increase or delay enforcement.
Would you like more details on gathering evidence?
- Present evidence showing you did not receive the notice (e.g., emails, letters).
- Testify about your lack of notice.
- Request the court to dismiss the increase or delay enforcement.
Would you like more details on gathering evidence?
how can landloards get in alot of legal trouble in nys
Landlords in New York State can get into significant legal trouble for various violations, including:
- Failing to Return Security Deposits: Must be returned within 14 days.
- Illegal Evictions: Not following proper procedures.
- Neglecting Maintenance: Must maintain habitable conditions.
- Discrimination: Violating the Fair Housing Act.
- Rent Overcharges: Especially in rent-controlled or rent-stabilized units.
Do you need more details on any specific violation?
- Failing to Return Security Deposits: Must be returned within 14 days.
- Illegal Evictions: Not following proper procedures.
- Neglecting Maintenance: Must maintain habitable conditions.
- Discrimination: Violating the Fair Housing Act.
- Rent Overcharges: Especially in rent-controlled or rent-stabilized units.
Do you need more details on any specific violation?
neglecting maintenance
Landlords in New York State can face legal trouble for neglecting maintenance, such as:
- Breach of Warranty of Habitability: Landlords must keep the property in a livable condition.
- Housing Code Violations: Failure to comply with local housing codes.
- Constructive Eviction: Tenants may leave if the property becomes uninhabitable without owing further rent.
Would you like details on how to report these violations?
- Breach of Warranty of Habitability: Landlords must keep the property in a livable condition.
- Housing Code Violations: Failure to comply with local housing codes.
- Constructive Eviction: Tenants may leave if the property becomes uninhabitable without owing further rent.
Would you like details on how to report these violations?
black mold refused to fix
If your landlord is refusing to address black mold issues, you have several options in New York State:
- Report to Local Health Department: They can inspect and require the landlord to fix the problem.
- Withhold Rent: You might be able to withhold rent until repairs are made, but consult an attorney first.
- Repair and Deduct: Fix the mold yourself and deduct the cost from your rent.
- File a Lawsuit: Sue the landlord for negligence and damages.
Would you like more information on any of these options?
- Report to Local Health Department: They can inspect and require the landlord to fix the problem.
- Withhold Rent: You might be able to withhold rent until repairs are made, but consult an attorney first.
- Repair and Deduct: Fix the mold yourself and deduct the cost from your rent.
- File a Lawsuit: Sue the landlord for negligence and damages.
Would you like more information on any of these options?
file a lawsuit for negligence
To file a lawsuit for negligence against your landlord in New York State for refusing to fix black mold issues, you should:
- Document the Problem: Take photos and keep records of communication with your landlord.
- Seek Medical Evidence: Obtain medical records if mold has affected your health.
- Consult an Attorney: A lawyer can help you draft and file the lawsuit.
Would you like assistance finding a legal aid service or attorney?
- Document the Problem: Take photos and keep records of communication with your landlord.
- Seek Medical Evidence: Obtain medical records if mold has affected your health.
- Consult an Attorney: A lawyer can help you draft and file the lawsuit.
Would you like assistance finding a legal aid service or attorney?
how much could landlord pay
Damages your landlord could be liable for in a negligence lawsuit for black mold issues may include:
- Repair Costs: Expenses for mold remediation.
- Medical Bills: Costs incurred due to health problems caused by mold.
- Relocation Costs: Expenses for temporary housing if the property is uninhabitable.
- Pain and Suffering: Compensation for physical and emotional distress.
- Punitive Damages: In severe cases, additional amounts as punishment.
Would you like assistance finding a legal aid service or attorney?
- Repair Costs: Expenses for mold remediation.
- Medical Bills: Costs incurred due to health problems caused by mold.
- Relocation Costs: Expenses for temporary housing if the property is uninhabitable.
- Pain and Suffering: Compensation for physical and emotional distress.
- Punitive Damages: In severe cases, additional amounts as punishment.
Would you like assistance finding a legal aid service or attorney?
does nys have common law marrige
New York State does not recognize common law marriage. For a relationship to be legally recognized as a marriage in New York, you must obtain a marriage license and have a formal ceremony.
Would you like information on what constitutes a legal marriage in New York?
Would you like information on what constitutes a legal marriage in New York?
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