Author: Stark & Stark
Certain Residential Dwellings and Seasonal Rentals Now Exempt from Bulk Sales Notification Requirements
Posted in Business & Commercial Law
New legislation has recently been enacted which exempts sales of certain residential dwellings and seasonal rentals from Bulk Sales notification requirements. According to A-2748, which was signed into law on September 14, 2011, sales of a “simple dwelling house” when the seller is an “individual”, “estate” or “trust” (as those terms are used for purposes of the New Jersey Gross Income Tax Act N.J.S.54A:1-1 et seq.) are exempt from the Bulk Sales notification requirements (N.J.S 54:50-38). A “simple dwelling house” under the new law is a dwelling unit including but not limited to a one-family or two-family building or structure, or a unit in a condominium or a cooperative. Continue reading
Income Tax Liability in Divorces: Innocent Spouse Relief
Posted in Business & Commercial Law
Generally, husbands and wives file joint tax returns while married. As joint filers, both parties are jointly and severally liable for any taxes, penalties and interest due as a result of those filings. When parties are divorcing, one of the spouses may raise an issue with regard to the truthfulness of previous tax returns filed Continue reading
In a Divorce, Are Retirement Accounts Subject to Equitable Distribution?
Posted in Business & Commercial Law
I have found that many of my clients who are going through a divorce have a lot of misconceptions regarding the division of their retirement accounts they established before their date of marriage. My clients’ initial impressions have been mixed. During initial consultations, some clients have informed me that their spouse would be entitled to 50% of the total retirement account, while others seem to believe that their retirement account is not subject to equitable distribution because it originated before their marriage. Continue reading
New Jersey Tort Claims Notice
Posted in Personal Injury
Title 59, known as the New Jersey Tort Claims Act, is the controlling authority for how to proceed in an action for personal injury against a public entity. If you were injured on public property or by a public entity or public employee, you MUST file a Notice of Tort Claim against that entity. Continue reading
Slip and Falls – Mode of Operation Rule
Posted in Personal Injury
As a personal injury attorney I handle many slip and fall cases which occur within various and different establishments, including grocery stores, malls, casinos and residential premises. I have found over the years that there is a common misconception: just because you fall and are injured, does NOT mean that you will ultimately be compensated. Continue reading
Who is an ‘Invitee,’ Why, and What Does it Mean?
Posted in Personal Injury
New Jersey is slowly beginning to move away from the common law system, which relies so heavily on one’s ‘status’, toward a more general ‘reasonable person’ standard in all situations. However, old habits apparently still die hard, as courts and judges continue to apply the traditional common-law approach to landowner tort liability when a part is injured because of a dangerous condition on private property, which predicates such liability on the status of the person on the property at the time of the injury (i.e. whether the injured party is a “trespasser”, “licensee” or “business invitee”). Continue reading
What is considered “marital property” in a Pennsylvania Divorce?
Posted in Divorce & Family Law
Pennsylvania Law starts with the presumption that all real or personal property acquired by either party during the marriage is marital property regardless of how it is titled. Marital property also includes the increase in value (during the course of the marriage) of any non-marital property.
The Court is thus more concerned with when the property was acquired rather than how the property is titled. Continue reading
Traumatic Brain Injury Chat Room
Posted in Brain Injury
The Traumatic Brain Injury Chat Room is called appropriately called “A Place to Share.” There are some wonderful features for people whose lives have been affected by a traumatic brain injury: Chatrooms 12 message boards allowing for discussion on various topics ranging from life skills to humour Member stories, home… Continue reading
