Delaware Sample Letter for Property Settlement - Client Position

State:
Multi-State
Control #:
US-0344LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Property Settlement — Client Position Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. The purpose of this correspondence is to present our client's position regarding the property settlement matter. Our client, [Client's Name], seeks a fair and equitable distribution of assets and liabilities as per Delaware law. [Client's Name] is involved in a property settlement case that requires careful consideration and appropriate resolution. The situation involves the division of marital assets, including but not limited to, real estate properties, financial accounts, investments, vehicles, personal belongings, and any other assets accumulated during the course of the marriage between [Client's Name] and [Spouse's Name]. As per Delaware law, property settlement follows the principle of equitable distribution. This means that marital property is not necessarily divided equally, but rather in a fair and just manner after considering various relevant factors, such as the duration of the marriage, contributions made by each spouse, tax consequences, and the economic circumstances of each party. In the interest of achieving a fair outcome, our client proposes the following settlement terms: 1. Real Estate Properties: The primary marital residence located at [Address] should be awarded to our client, considering their financial and emotional investment in its acquisition and maintenance. The property's value can be appraised by a mutually agreed-upon independent appraiser. 2. Financial Accounts and Investments: All joint financial accounts and investments held by the parties should be divided equally, or in a manner deemed fair by the court. We suggest involving financial experts to evaluate and determine the value of these assets accurately. 3. Vehicles: The vehicles acquired during the marriage should be distributed according to their individual usage and need. Our client requests sole ownership of [Client's Vehicle], while [Spouse's Name] can retain [Spouse's Vehicle]. 4. Personal Belongings: The division of personal belongings should be conducted based on the parties' mutual agreement or by following suggestions put forth by a mediator or arbiter, if necessary. 5. Liabilities: Any outstanding debts or liabilities should be shared proportionally based on each party's ability to repay. This includes mortgages, loans, credit card debts, and any other financial obligations incurred during the marriage. We believe that these proposed settlement terms reflect our client's reasonable expectations and adhere to the principles of Delaware's property settlement laws. However, we are open to discussing and negotiating these terms further to reach a mutually acceptable resolution. We kindly request your prompt attention to this matter and encourage a timely response. If necessary, our client is prepared to pursue legal action to protect their rights and interests. We are confident that an amicable settlement can be reached, avoiding unnecessary litigation costs and emotional burden for both parties involved. Please acknowledge receipt of this letter within 10 business days and indicate your willingness to engage in settlement negotiations. We look forward to reaching a fair and equitable resolution that upholds the interests of our client and ensures a smoother transition for both parties. Should you have any questions or require additional information, please do not hesitate to contact me directly. Thank you for your attention, and we anticipate a positive response. Sincerely, [Your Name] [Your Law Firm Name] [Your Law Firm's Address] [City, State, ZIP] [Email Address] [Phone Number]

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Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.

Unearned money is kept in the trust account because it belongs to the client. When you earn those funds, they are yours and you may withdraw them.

The interest on these pooled-fund, IOLTA accounts is forwarded to the State Bar of California and used to support approximately 100 nonprofit legal aid organizations that provide civil legal aid to indigent and low-income people, seniors, and persons with disabilities.

To be admitted to the Delaware Bar, each applicant must take and pass the Delaware Bar Examination, complete the Clerkship and Clerkship Checklist, and demonstrate their character and fitness to practice law. There are no different procedures for persons admitted in other jurisdictions.

Withdrawing Funds from an IOLTA Account to Pay Yourself You do not have to remove the earned money on a daily basis. However, you will want to keep accurate records (and notes) of your time spent and work performed. Then, at the end of your chosen billing period, you may withdraw the funds.

Accounts that pool nominal and short-term deposits and pay the interest or dividends to the Legal Services Trust Fund Program are called ?IOLTA accounts.? Interest and dividends generated from IOLTA accounts are used to fund legal services to indigent people, seniors and people with disabilities.

An IOLTA account is a type of trust account that can collect the interest, then transfers the interest collected to the state bar, usually for charitable purposes, primarily the provision of civil legal services for poor people (such as landlord/tenant issues, custody disputes, and advocacy for people with disabilities ...

Rule 32 - Stays and injunctions pending appeal; security for such stays or injunctions (a)Stay or injunction pending appeal. -Except in a challenge to a final award under the Delaware Rapid Arbitration Act, a motion for stay must be filed in the trial court in the first instance.

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Delaware Sample Letter for Property Settlement - Client Position