Legal Question in Family Law in New Jersey

On 1/12, I was granted a divorce on the grounds of Extreme Cruelty due to domestic violence my ex perpetrated against me. She refused to participate in the divorce proceedings as a means to continue to control me. In the divorce proceedings, it was ordered that the house be sold by 1/31 and the proceeds split 50/50. The judge realized how difficult my ex made the entire divorce proceedings, so she put in the agreement that, in the even that my ex is uncooperative, I then have power of attorney.

I realized a few days after the divorce agreement was final that she was no longer paying the mortgage, and hadn't been for months. To make matters worse, we now owe more than the house is worth, so selling it isn't really a viable option. Our best bet is to do a short sale, or a deed in lieu of foreclosure. The problem is that my ex is completely uncooperative, and refuses to discuss either of these options. She ignores texts and emails, and refuses to comply with the agreement.

My question is this: What does this power of attorney allow me to do? Can I move forward with a short sale or a deed in lieu of foreclosure without her signature, as I do have power of attorney? And if I can, how do I go about removing her from the home?


Asked on 1/28/15, 4:17 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You really should run this by the attorney that represented you. I don't think anyone on here can answer you question without looking at all of your documents. Call me at 1-855-9-JEFLAW to discuss further.

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Answered on 1/28/15, 10:12 am


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