Legal Question in Family Law in New Jersey
divorce - buying out townhouse
15 years ago my mom died suddenly and I had a nervous breakdown and was hospitalized. My husband decided he didn't want to deal with me if I should get sick again, so he divorced me. I lived in New Jersey then. After the divorce, I moved to Wisconsin where my dad lived, per the suggestion of my doctor. My ex told me he was keeping our 4 daughters. He said if I contested it, he would drag me into court and say that I was an unfit mother. Well because I was still sick, and because I had no money to hire a lawyer, I let him have his way. I got absolutely nothing from the divorce, after 18 years of marriage. I didn't even get my personal possessions. I had a huge book collection as well as other collections, but when I wanted to take them, my youngest daughter was upset, so I left them. I also had a mug collection that my mother got me before she died. Now that my youngest daughter is grown, I wanted my stuff back but I found out that my ex got rid of it all. He never took my name off of the mortgage. Can I make him buy me out? I feel like I got screwed and I think I should get something out of this.
1 Answer from Attorneys
Re: divorce - buying out townhouse
If you want to change any terms of the divorce judgment, such as the division of assets, you'd have to hire a lawyer to have your case reopened and present your arguments to the judge. Without knowing more, a judge would only grant you some relief and money in a situation where (1) you did not understand what you were agreeing to at the time of the divorce; (2) that you were taken advantage of; or (3) you weren't aware of certain assets that your husband had hidden, and just recently discovered them.
Based on what you have said here, it doesn't sound like it's worth the money and hassle to reopen just to get money for a book and mug collection. You would have a difficult time proving the current value of either item. Furthermore, the property could be deemed "abandoned" since you left it there for so long. Even if you were sick, it is not your ex's responsibility to keep your property for several years.
Also, your judgment should have specified that if your husband got to keep the house free and clear, he had X months to refinance and take your name off the mortgage. Review your judgment for this language. If it's not in there, and you had a lawyer, then it was an oversight by your previous lawyer.
If you need to hire a family lawyer to investigate any of these issues, please contact me.
Thank you.
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