Legal Question in Family Law in New Jersey

2nd mtg

My wife has been telling me she is going to leave or stay a make me misarable. Recently she has asked to consolidate approx 20k in credit card debit. I will not agree to the 2nd mtg knowing i will be filing. Can she force me and/or can she get one on her own? If so whats my liability.


Asked on 4/13/07, 7:24 pm

5 Answers from Attorneys

Glenn Brown Real World Law, P.C.

Re: 2nd mtg

If you own the home together as husband and wife she cannot force you to agree to a 2nd mortgage.

Good luck to you.

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Answered on 4/13/07, 7:46 pm
Gary Moore Gary Moore Attorney At Law

Re: 2nd mtg

She can not mortgage the house without your participation

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/13/07, 10:48 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: 2nd mtg

She can not force you to get the loan. If the mortgage is in her name alone she can take second mortgage out in her name and if she does then it would be considered marital debt (unless you can prove that it was her debt only and that you or the house did not benefit from it.)

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Answered on 4/14/07, 8:09 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: 2nd mtg

Just to echo the comments by the other attorneys, Get out now!

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 4/15/07, 6:39 pm
Robert Davies The Davies Law Firm, P.A.

Re: 2nd mtg

Do not agree to anything until you get a divorce attorney to advise you.

Now, dont take this wrong, but let me summarize:

you are in the middle of a divorce. You have to deal with it very soon. yes, you are facing divorce.

You have a job.

you have children, and child support and college tuition needs to be paid. That is measured in tens of thousand of dollars.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/14/07, 7:47 pm


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