Wednesday, September 24, 2014

Shawn N. Menashe Receives Avvo.com ‘Clients Choice’ Award

Each year, Avvo.com presents a few lawyers with its ‘Clients' Choice’ Award, based on both the quantity and quality of client online reviews that the attorney receives. This year, we are proud to promote family law attorney and Gevurtz Menashe’s Managing Shareholder, Shawn N. Menashe as a 2014 recipient of the Avvo.com ‘Client’s Choice’ Award. This award is given to attorneys who have reached a 10-out-of-10 “excellent” rating on Avvo.com’s website and who have received a large number of overwhelmingly positive reviews written by recent clients. Well done, Shawn!

Shawn N. Menashe has been practicing law for more than 10 years and is considered to be one of the top family law attorneys in the Portland legal community. He received his Juris Doctorate from the University of Oregon School of Law in 2003. Upon admittance to the Oregon State Bar, he joined Gevurtz Menashe, the family law firm founded by his father in 1982. Today he is Managing Shareholder of the firm, where he proudly leads a team of 25 attorneys with exclusive practice in family law and estate planning. Shawn has served as chair of the ABA young lawyer’s family law section as well as a variety of local bar sections and community non-profit boards. His practice focuses on a broad range of family law issues including high asset and complex divorce, alternate dispute, child support, custody/parenting time, paternity issues, and relationship agreements. For Shawn, practicing family law is rewarding because it allows the opportunity to make a positive difference in people's lives—during a time they likely need it most. Check out Shawn’s recent Avvo.com reviews or read more about him HERE.

Shawn Menashe avvo.com clients' choice award 2014

Thursday, September 18, 2014

Who Gets the House?

If you are going through a divorce and own a home, chances are you are trying to decide what to do with the house.  Should you keep it, sell it, or let your spouse have it?  There are several things to think about when making this decision which can have immediate, as well as long-term, effects.

In Oregon, the allocation of property between spouses in a divorce must be “just and proper.”  ORS 107.105(1)(f).  In general, this means that an asset acquired during the marriage should be divided equally between the spouses.  Assuming your home was purchased during the marriage, this means both you and your spouse will receive one-half of the equity value in the home (the current market value minus and outstanding mortgage or other indebtedness secured by the house).  If you keep the home, you will owe your spouse his or her one-half share of the equity through a cash pay-out (sometimes obtained through a refinance) or through an award of other assets.  If your spouse keeps the home, he or she will owe you 50% of the equity, either in cash or through other assets.  And if neither of you keep the home, the home will be sold, with the net proceeds typically being divided equally between spouses, depending on the allocation of other assets and debts.

In determining what to do with the home, you should explore the following:
  1. Do you know what your house is worth in the current market?  You should get a comparative market analysis or appraisal done of your home to determine its likely current market value.  If you owe more than the house is worth, can you afford to pay the shortfall or will you need to explore a foreclosure or short sale?  Meet with a real estate agent to learn how long houses like yours are taking to sell in your area so you can think about how the mortgage, utilities, insurance, etc. will get paid while the sale is pending.  The real estate agent should also be able to give you an idea of how much you should you budget for necessary repairs to make the home marketable.
 
  1. What type of living situation do you really need?  If you have children and need multiple bedrooms or bathrooms, explore the cost and availability of rentals in your area.  It might make more sense to rent versus being financially tied to a non-liquid asset while you figure out what your needs will be after the divorce.  Renting may make sense given the needs of your post-divorce life-style.  For example, if you are now going to be a single parent, do you want to be responsible for household repairs and maintenance or would you prefer being able to contact the property manager to have those tasks done?
 
  1. Can you really afford the home?  In addition to discussing this with your divorce lawyer, meet with a financial advisor who can help you review your monthly budget.  Explore not only the cost of the monthly mortgage, but also the cost of maintenance, utilities, property taxes, etc. in determining whether you can afford to keep the home.  You also may need to determine whether you can qualify to refinance the mortgage into your own name. Typically the other spouse will not agree to remain on the loan indefinitely and the court can order the sale of the home if you are unable to refinance as a way of removing your former spouses name from the loan obligation.
 
  1. What assets are you giving up in order to keep the house?  The goal is to make sure the liquidity of the assets you are get from the divorce match your needs.  Again, meet with a financial advisor and/or CPA to determine the various tax consequences that could result from selling or trading assets and liabilities during divorce.  For example, if you decide to keep the house now and intend to sell it later on your own, you may have to pay significant capital gains tax and real estate fees while selling during a divorce essentially splits these costs with your spouse.  If you’re giving up a pension or other retirement asset to keep the house, you should understand the long-term consequences (i.e. pre-tax contributions and tax liabilities) before doing so.
 
  1. Is there a benefit to getting rid of the home and moving on?  If you shared this home with your soon-to-be ex-spouse, there might be emotional and financial benefits to selling the home.  It might be a financial benefit not to be tied to a non-liquid asset and to receive cash and/or retirement assets instead.  It might be an emotional benefit not to be reminded of your past every time you sit down in your kitchen or living room.  There is typically an emotional cost you should try to account for when making these types of decisions in your divorce.

Regardless of what you do, try to have as much information as possible before making any final decision.  Given the long-term ramifications of these types of decisions you want to make sure you have the right experts involved.  Ideally, you will want to explore your options with your divorce attorney, financial advisor, and/or accountant in order to make well-informed and educated choices regarding your property division.

Written by Paige A. De Muniz, Shareholder.

Tuesday, September 2, 2014

"Ten Questions to Consider before Marrying", Mark Johnson Roberts and John Christianson in PQ Monthly

Mark Johnson Roberts, Family Law, Of Counsel and John Christianson, Estate Planning, Of Counsel, author, "Ten Questions to Consider before Marrying" in the August 2014 edition of PQ Monthly.  You can read the article online, HERE.

Monday, August 25, 2014

Albert Menashe featured on KGW News, commenting on high conflict divorce and therapy

Albert Menashe was featured on KGW News, Channel 8, adding expert input on the tragic Jessica Smith case.  Albert specifically commented on high conflict divorce and therapy.



Thursday, August 21, 2014

Gevurtz Attorneys Selected as Best Lawyers 2015!



Bestlawyers.com, an esteemed online attorney directory, has published it’s annual 'best lawyers' for 2015. This year ten of our attorneys are honored as "Best Lawyers". A number that has doubled since 2012. 

This year’s list includes: Shawn Menashe, Albert Menashe, Eric Larson, William Howe, Julia Hagan, Robin Wright, Zach Fruchtengarten, Dylan Cernitz, Craig Cowley and Marshal Spector. The Best Lawyers designation is based on an exhaustive peer-review survey in which attorneys are divided by geographic region and recognized for professional excellence in their practice area(s).

“I am extremely proud of the quality of law being practiced by all of our lawyers. The accolades our lawyers continue to receive are a reflection of the pride we have in what we are doing,” said Shawn Menashe, Managing Shareholder. “Since the beginning, our firm’s greatest asset has always been our people. We are proud of all of our lawyers and the quality of legal service we provide to our family law and estate planning clients throughout Oregon, Washington and Idaho.”
  

Congratulations to each of you on this well-deserved honor!

Monday, August 11, 2014

Staff Spotlight: Kimberly Lyons



This quarter we are pleased to recognize our estate planning legal assistant, Kimberly Lyons, for her volunteer work with The Aperture Project. The Aperture Project is an organization that connects children through photography and writing; broadening their world view while promoting tolerance and understanding. The mission of The Aperture Project is to create positive community connections among young people with diverse backgrounds.

As a hobby photographer, Kim is passionate about Aperture’s mission, showing children how photography can be used as a vehicle of communication with the potential to expand world views and help celebrate our differences as people, while also discovering ways in which we share common ground. Using her organizational skills, passion for photography, and experience in non-profit grant writing, Kim serves as the Director of Fund Development for The Aperture Project.

This summer, The Aperture Project will host a scavenger hunt to encourage North Portland youth to explore and connect with the rich history of their community in St Johns. The event will be held on August 9th from 10:00am to 3:00pm. Visit www.apertureproject.org to learn more.

Way to go, Kim! Thank you for all you do to make our firm and the Portland arts community a better place for our youth!

Thursday, August 7, 2014

GMLH Rocks the Race for Justice!




On June 14th Team Gevurtz Menashe joined dozens of other members of the Oregon legal community to support St. Andrew Legal Clinic. This year’s 14th annual Race For Justice raised more than $125,000 to help meet the legal needs of low and moderate income people with family law concerns. SALC helps bridge the gap for families who do not qualify for Legal Aid and cannot afford to hire a private attorney. Over the course of four weeks, the GM team raised over $1,300 in pledges among our personal networks. Way to go, team!

For more information, visit SALC at http://www.salcgroup.org/. To donate to SALC, call 503-281-1500 or click here for more information.