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Equitable and Not So Equitable Division of Real Estate in Divorce

SKU: FAM3400
Total Credits
1.5 - 2.1
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The process of dividing and distributing real property between spouses in a divorce complex, inconsistent, and confusing. What factors do courts consider in deciding whether a sale, buyout or deferred sale is appropriate? Who will keep the marital home? How do courts divide the proceeds of sale? Can your client recover the money that his or her parents lent on the marital home? Real estate, unlike liquid assets, does not automatically become marital property subject to a 50/50 division even if held by spouses as tenants by entirety.

This CLE course will explain how the court applies various statutory factors in the division of real estate interests between ex-spouses. Lastly, the course will review issues involving the occupation of the marital residence by family members and how they would be treated in possible eviction proceedings.

Lecturer Bios

Natalia Gourari, Esq.

Natalia Gourari is an experienced litigation attorney who has represented celebrities and high net worth individuals in complex equitable distribution, child support, custody, and visitation proceedings. Natalia negotiates pre- and post-nuptial agreements and structures financial settlements for her matrimonial clients.

Natalia began her legal education at the Moscow Institute of Foreign Affairs; graduated from New York University with high honors as an economics major, and completed her legal education at the Cardozo School of Law. Natalia began her career as a corporate attorney at Debevoise & Plimpton, but subsequently developed a niche in matrimonial law. Natalia has special expertise in HAGUE convention issues that are often raised in international divorces. Natalia has written about child abduction and lectured at CLE attorney seminars on matrimonial law topics.

She is married and has children.

Stefan B. Kalina, Esq.

Stefan B. Kalina works with the Litigation and Real Estate Department, handling complex commercial and insurance disputes, as well as real estate litigation and transactions. He represents corporate and individual clients before trial and appellate courts in several jurisdictions. A member of the Board of Editors of the New York Dispute Resolution Lawyer, he is also experienced in arbitration, mediation and out-of-court negotiation.

Mr. Kalina's business litigation practice involves corporate ventures, commercial contracts and leases, lending arrangements, mortgages and loan servicing, landlord and tenant, fiduciary obligations, creditors' rights and judgment enforcement. In the insurance arena, he represents companies, directors and officers pursuing recovery under a variety of lines and advises them regarding their policies and programs. In addition, Mr. Kalina is experienced in technology matters, having represented software and Internet companies' in. connection with their products and services. He applies this background to commercial claims involving intellectual property transfer and licensing as well as to insurance claims over data privacy and protection. As a former prosecutor and current adjunct professor of criminal justice, Mr. Kalina also handles matters that present potential criminal and civil liability. Mr. Kalina regularly serves as local counsel to firms outside the tri-state area in need of representation.

In addition, Mr. Kalina dedicates time to pro bono matters. In 2003, he was recognized as one of Touro Law Center's Outstanding Long Island Pro Bono Attorneys for his work with Nassau Suffolk Law Services' Landlord/Tenant Dispute panel.

Prior to joining Cox Padmore Skolnik & Shakarchy LLP, Mr Kalina was associated with major metropolitan law firms with national practices. He has also served as Assistant District Attorney for the District Attorney of Kings County in Brooklyn, New York, In addition, he has held several internships in federal and state government including United States District Judge Denis Hurley in the Eastern District of New York, United States Magistrate Judge Linnea Johnson in the Southern District of Florida, the Miami-Dade State Attorney's Office, United States Senator Richard Lugar and New York State Senator James Lack. Based on these experiences, Mr. Kalina has been appointed to the Alumni Advisory Board of The Washington Center for Internships and Academic Seminars in Washington, D.C.

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