Legal Question in Family Law in New Jersey

divorce dispute

i got divorced in january 08. in my property settlement aggreement i had 4 months to get my ex-wifes name off our line of credit on my house. i haven't been able to get refinanced because of bad credit and what the housing market is going through. i put my house up for sale, but it hasn't sold. again bad market. she just called and threatened to take me to court. said if i don't get her name off by jan of 09, she is within her rights to force the house sold for only what i owe on it, and she can then go after half the proceeds. my question is... can she do this? and is there anything i can do to keep her from it?


Asked on 11/29/08, 4:06 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: divorce dispute

She can file any motion she wants. Your response is to get a good attorney.

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Answered on 11/29/08, 6:25 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: divorce dispute

A lot depends on your Property Settlement Agreement (PSA). You need to review the terms of the PSA to determine whether she will prevail if she files a motion. Additionally, I would document every step you take or have taken in writing to her in case she files in Court.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of 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 12/01/08, 9:24 am


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