Legal Question in Family Law in New Jersey

Divorce 1st time; 2nd time family

my ex and i still own property jointly, I'm trying to refinance,she

wants me to buy her out; I offered 100k, she accepted a payment plan 50k

up front. the apprasial came back higher than expected. now she wants

more money. Can't afford it. can she force me to sell, and if so can I

sue for 1/2 the cost of the property's up

keep;taxes,insurance,repairs,etc?

I understand she's entitled to 1/2 the property, is she also liable for

half it's expenses? sorry for the multi-part question, but I will be

needing a lawyer asap, so I hope you understand. thank you


Asked on 10/19/06, 1:26 pm

4 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce 1st time; 2nd time family

Get a lawyer ASAP!!!

But, the answer is YES. Your Ex's 1/2 share and interest in the property would ordinarily be reduced by her share of the costs, disbursements, maintenance, and so forth, including but not limited to mortgage payments, taxes, repairs, improvements, etc., that your Ex was obligated to pay, that you paid on her behalf.

Good luck,

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Answered on 10/25/06, 7:31 pm
Robert Davies The Davies Law Firm, P.A.

Re: Divorce 1st time; 2nd time family

your situation is amazingly common. did you get divorced without an attorney's assistance? or did you just have a really stupid attorney?

this issue is one big headache. yes, she is entitled to half unless you and she made an agreement on the house as part of your divorce, or unless there is a Court Order or Judgment on that.

No one should have this hanging over their head after the divorce. It can cost lots of money and cause you great headaches.

Get some advice. Go hire a lawyer, and figure out what you can do, and 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 10/19/06, 1:39 pm
Gary Moore Gary Moore Attorney At Law

Re: Divorce 1st time; 2nd time family

You are going to have to pay her one half of the current value of the property, but whose appraisel is reliable and accurate?

If you have been using and solely occupying the property you will probably have to bear the normal expenses of maintaining the premises.

You should give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/19/06, 1:52 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Divorce 1st time; 2nd time family

I agree with Mr. Davies, I really hope you didn't have an attorney. Appraisals can be dead on or just meaningless. She has to be made to understand that the market is horrible. I have many clients who are in the same situation (but we handled this during the divorce) and now the other side wishes they just did a buy out. Half of them actually did a buy out eventually because the market is just that bad.

You have the right idea to get an attorney ASAP. While this is a bit of a mess, it probably won't be too expensive for you. Feel free to give me a call at 732/247/3340. My initial consultations are always free. We'll discuss your case and the different options you have.

Good luck!

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Answered on 10/19/06, 1:57 pm


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