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  • Archive for January, 2011

    January 21st, 2011

    Dangers of Purchasing a Home from a Divorcing Couple

    Divorcing couples are often considered to be some of the most motivated sellers when it comes to real estate. But a recent article in the Chicago Tribune warns of the dangers of purchasing from a divorcing couple.

    It is important at the outset to point out that the information that the Tribune is reporting on is for a couple that is in the process of a divorce, which can take years. After the divorce is final, then presumably the decision on the house will be more stable.

    For the article, the Tribune interviewed Scott Weeda, a Seattle-based real estate agent who focuses on divorce. Weeda was quoted saying that, “Most of my divorcing clients dislike each other very much, so navigating the transaction can be tricky,” and although, “in many cases, the joint ownership is the only remaining tie… [that] they sometimes want to cut ASAP” in some cases one spouse may delay the signing to irritate their ex.

    Divorce can often bring out the worst in people. When the two spouses are so wrapped up in getting under the other’s skin, the buyer might be the one with the headache.

    It might not even be that the couple is intentionally trying to hurt each other.

    The couple has broken up, which can be an indicator that they are on different wave lengths for a lot of things – including what to do with their former dwelling.

    Sometimes one spouse wants to sell the house to get their assets more liquid and finalize the ties, while the other might want to hold onto the house for a few years for a better market.

    As a buyer, there are ways to protect against this. It is possible to add in protective language in your offer. But a more common sense method is to just talk to the couple. Try to figure out, as best you can, just what the intentions are of the two.

    Carol Ann Wilson, an expert on divorce and financial planning advocates looking into the background of the couple before proceeding with a divorce. Her best piece of advice is to look at the potential agreement and, “if the buyers find that both parties haven’t signed off on the selling agreement… buyers should back off. The deal could be easily derailed.”

    Dealing with a divorcing couple is a risk. But if you can find the couple that is synced up about liquidating their assets and moving past any ties, you could stand to get a good deal.

    Just make sure that the money you save on the purchase price is worth the potential frustration and heartbreak if one spouse decides to veto the sale of your dream house.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    January 10th, 2011

    “No Divorce Day” In Iran

    Iran is a country known for commitment to strict religious laws has imposed a national day to reinforce marriage values. The country had previously had a national day called “Marriage Day.” But due to the growing concerns of Westernization the country has changed the name of the day to “No Divorce Day.”

    According to an article in the New York Times the justice minister has decreed that there will be no divorce permits issued on this day.

    The reason a No Divorce Day may seem necessary to officials in Iran is pretty clear though. In 2000, the number of divorces was around 50,000. Only 10 years later, in 2010, divorces have tripled to 150,000. In Tehran, the divorce rate is now up to 1 divorce for every 3.76 marriages.

    Most surveys put these figures lower than those in America, but the rate of increase would be alarming to anyone. The rate of divorce will undoubtedly seem even more inflated because the rate of marriage has decreased.

    An anonymous attorney from Iran interviewed for the article said that, “In May, a registry office I work with recorded 70 divorces and only three marriages… The next month, a friends at another office said he recorded 60 divorces and only one marriage.”

    Many of the government officials in Iran have blamed the young generation and its lack of devotion to marriage for the gloomy marital figures.

    Gholamreza Asdollahi, a member of the Iranian Parliament was quoted saying that, “High dowries, high living costs, lack of jobs and financial support make young people fear marriage” and that the young people who have lost their belief, “in the unseen power of God to solve life’s problems.”

    Experts in the Iranian culture seem to disagree and instead point to the increasing power women have.

    Azardokht Mofidi, a psychiatrist and author believes that, “women have found the courage to break with tradition and say no to the past… [T]hey are no longer prepared to put up with the hardships in marriage, and their expectations have risen to include equality in relationships.”

    This all seems to make sense. If women in Iran now feel empowered enough to demand that they are treated fairly, they will also be able to refuse the social pressure to marry until they find what they want.

    When viewed in this light, we can see that these negative statistics may not be as gloomy as they appear. Yes, it does appear that marriage are failing at a greater number and occurring less frequently, but if the result of this is a growth of power to the traditionally oppressed women of Iran, it seems much better.

    Time will show us whether or not this is the start of major power movement for women in Iran, but at least on the outset, the prospects are looking positive.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    January 8th, 2011

    Dodgers Might Be Done With the McCourts

    Anyone following baseball or high-profile divorces has undoubtedly been aware of the divorce between Frank and Jami McCourt. Now, with a recent ruling from the couple’s divorce court judge, the McCourts might find themselves divorced from the Dodgers.

    The Chicago Tribune is reporting that the judge, Scott Gordon, tossed out an agreement that would make Frank McCourt the sole owner of the club. This is particularly significant because if Frank is not the sole owner, then typically Jamie should be entitled to half the team.

    If we think of the baseball team as the family residence, and Frank and Jamie have divorced, then the reason that baseball might be done with the McCourts becomes clear. With both parties entitled to half, and neither side being willing or able to buy out the other’s interest in the club, there is only one option.

    Since it is unlikely that one side will pay the other to gain a full interest in the team, the most likely option is that the Los Angeles Dodgers will be sold and Frank and Jamie will split the proceeds.

    The sale isn’t expected to happen in the immediate future. The decision is almost certainly going to be appealed. However, the odds of the decision being overturned are small.

    The McCourts’ marriage is finally ending after a long relationship which lasted for the better part of a third of a century. The tail end of the Dodgers 2010 baseball season has seemed to revolve around this couple’s difficult split.

    If the McCourts do indeed decide to sell, then there will be an interesting process to find the replacement owner.

    First, it would be necessary to find someone with enough courage and bankroll to finance such a lauded franchise.

    Also, the new owner would need to have an intimate relationship to baseball if he or she would have any hope of succeeding.

    Finally, the new owners would need to be approved by the owners association, which isn’t always an easy task.

    Either way, it seems pretty evident that the McCourts’ control of the Dodgers is slipping, and it’s probably just a matter of time before a new owner is in place and the fans can focus on the field again.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    January 7th, 2011

    China Creates Database To Prevent Cheating

    There is a perception among many in China that their increasing wealth is allowing husbands to have multiple mistresses and secret wives. In response, the Chinese government is creating  database of marriage records to give spouses and girlfriends the opportunity to check the marital status of their lover.

    The Chicago Tribune is reporting that the state media of China says that Beijing and Shanghai will be the first places to have this online database, and that the entire country’s marital records should be available by 2015.

    Apparently the program is already running somewhat behind the initial timeframe because, according to a statement by the Ministry of Civil Affairs a few years ago, this project should be operational by last year. Chinese officials have not explained the delay in the program.

    This is an interesting way for the Chinese government to combat bigamy.

    Although bigamy is illegal in China, several prominent members of the Chinese Communist Party have been found guilty of bigamy, including former head of the National Bureau of Statistics, Qiu Xiaohua.

    When Qiu was found to be in violation of the anti-bigamy laws, he was expelled from the party in 2007 and described as a, “vile social and political influence.”

    China’s concern for extramarital affairs may be well founded. According to a study done in 2005, nearly 20 percent of married men in urban areas in China admitted to having an affair within the past twelve months. Interestingly, only around 4 percent of married women surveyed admitted to engaging in an affair in the past twelve months.

    Furthermore, according to the civil affairs ministry, in 2009 nearly 2.5 million couples divorced in 2009, almost a 9 percent increase from the year before. It is very likely that the Chinese people are aware of these increases, which has prompted the government to act.

    Some of these affairs have made their way into the mainstream news in China. A recent case involved a county official from Hubei after he was detained on suspicion of murder. The investigators believe that he killed his mistress, who was pregnant with twins, after she asked him to either marry her or fork over 2 million yuan, or approximately $302,000.

    The marriage database does, however, assume that those who get involved with a married man or woman is concerned that he or she is married. If the men and women who engage in these affairs are genuinely concerned that about the relationship status of their lover, then the database has potential to help.

    But if these affairs aren’t build on deceiving the mistress, then the database may fail to implement change. If people don’t care that their lover is married, then making it available online may not matter to them.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.