How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36967
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I divorced 4 Feb 2013. My ex was allowed to stay in the beach

Resolved Question:

I divorced 4 Feb 2013. My ex was allowed to stay in the beach house for over a year - all that time refusing me entrance to it for any reason. She was ordered to be out 29 March 2013 as part of the divorce. I've had orders of protection against her in the past. Part of the divorce is not to "trash talk" about each other. I have 50% custoday and am the residential parent.

This summer, I've had the house listed for sale with a local agent. The agent just reported to me that my ex sent him an e-mail - and then visited him - reporting that the house for sale has mold in the basement. In over a year, she never mentioned this. The repair personnel has nver mentioned it, and neither I nor the agent have seen it.

What are my options? Protection order, sue, unfit mother, etc.?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Before you consider your options, do you know if the information is true? I ask because if what she stated is accurate, that is not 'trash talking' but a disclosure that the realtor arguably has to know before he advertises the property. If that is not true, then that is a claim for defamation of character and tortious interference with a business interest. I do not see it as a protection order or an unfit mother claim (has nothing to do with that), but it can be shown that she is not complying with the request (if the information is false) and is still contacting your agents without consent.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36967
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Okay, I can't see "defamation of character" because it's a 2nd home, not a person. I can see "tortious interference with a business interest".


 


Would she not have been obligated to report this in the 1+ year she was living there? Not to mention the danger to our children (now 5 & 7).

Expert:  Dimitry K., Esq. replied 1 year ago.

David,

It is a potential defamation of character because she would be alleging to realtor that you have failed to clean the property and are putting on the market something that is hazardous, which is not the case--that is how defamation could be used here.

For it to be defamation, these factors must be present:
1. A defamatory comment
2. Of or about you (notice it can be about you or your work to qualify)
3. Communicated to third parties &
4. Causes injury, specifically financial injury.

Furthermore, if true, she had a duty to report this to the landlord (you) an either facilitate repairs or permit you the right to repair the premises. Otherwise any loss in value or repairs due to the fact this was permitted to get out of control would be attributed to the tenant.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36967
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 9 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney