Pryor Cashman Family Law Partner Donald Schuck and Associate Devon Quinn spoke with Vulture about key legal issues in the Vanderpump Rules "Scandoval" breakup between Tom Sandoval and Ariana Madix.
In "Inside Scandoval's $2 Million Real-Estate Battle," Don discusses the reality stars' real estate dispute over the sale and divvying up of their house:
Sandoval hasn't responded yet in court documents, but if he did want to continue to live in the house with the property somewhat divided, Don Schuck, an attorney at Pryor Cashman, said that arrangement, called a "division in kind," is almost impossible to do in a single-family home.
"You can't just put a wall up to divide the property or run a line of tape through the house," Schuck said. "It's completely impractical."
Under the circumstances, Madix appeared to be left with no option but to ask the judge to intervene and order a sale, Schuck said.
"'He's not gonna budge, he's not gonna move, he's not going to buy me out, and he's not gonna let me buy him out,'" Schuck said. "'So I've gotta bring this action to bring it to a head.'"
He also noted that the show has a lesson for other unmarried couples who buy property together—be sure to get a cohabitation agreement in writing:
"It doesn't have to be a 40-page agreement," Schuck said. "It could be a three-page agreement of, We're living together, I'm putting down X, you're putting down Y, and if we ever break up, we get our money back and split the difference, and then we immediately sell it within 30 days after we decide to split, unless somebody decides to buy out the other person. If you're gonna invest this kind of money, it's like any investment you make; you want to have an out clause in the event things don't work out."
Devon commented on the issue of custody for the former couple's dog, Mya Moon, and their cat, Kitty:
Devon Quinn, an attorney at Pryor Cashman, explained that historically, pets were considered chattel and their custody is treated the same as a piece of art. But New York and California, along with other states, have since adopted laws that recognize pets as something more, and courts consider what would be in the best interest of the pet.
"They look at each party's home environment and who is really involved or not involved in the pet's day-to-day life," Quinn said. "Who takes the pet to the veterinarian, who spends time with them, who's more involved, and who is gonna create the best life for the pet." So the court could award Madix, who appears on the show to be their primary caregiver, with possession of Mya and Kitty.
Read the full article using the link below (subscription may be required).
Resources
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
