Legal Question in Family Law in New Jersey
I have a divorce decree with a property settlement agreement that states my ex is not liable for any financial aspect of the house. I did not want to sell it. She did not want it. She moved out in June of 2010. The agreement also says I had 90 to get her name off the mortgage. The problem was we were a couple of months behind on the mortgage and most utilities when she left. I was able to get a remodification on the mortgage based solely on my income but I cannot remove her name until I am able to refinance the whole mortgage. This may take a year from the time the remod was approved. She now is demanding 50% or more of the tax return and threatening to make me sell my home. Can she? The way I see it she is only entitled to 25% of the house end of the tax return.
2 Answers from Attorneys
I assume you had an attorney handle your divorce? Why not call him or her? You'd have to call me at 732/773/2768 to discuss. I'd have to review everything.
This difficult housing market continues to cause problems like yours. The best way to handle this may be to go back to Court to ask the Judge to give an extension of time based on current circumstances. It would be best to have an attorney handle this.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
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