Legal Question in Family Law in New York

Buyout of Marital Residence

When one spouse buys the other out of the marital residence..is it permissible to deduct a hypothetical realtor's commission from the price? Is there case law or a statute to cite for that answer?


Asked on 10/22/06, 8:56 pm

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Buyout of Marital Residence

I am unaware of any case law on the subject. However, I would not agree to this deduction if my rights were being purchased.

Daniel Clement

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Answered on 10/23/06, 11:30 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Buyout of Marital Residence

Is your question, can I reduce the buy out price by the amount we would have to pay a Broker if we sold on the market?

There is no case law or statute as that is simply a matter of negotiation between you and spouse.

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Answered on 10/22/06, 9:18 pm


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