Legal Question in Family Law in New Jersey

Equitable Distribution of Property

My exhusband and I were separated in Nov '90 and divorced in Dec '91. I have lived in and soley paid for the mortgage and all other bills regarding the home we jointly own since 1990. Our agreement states he receives 1/3 equity from the home when it is sold. I do not wish to sell the home, but refinance into my name only. My ex wants the 1/3 equity. I have given him 9000.00 in the past years towards this. He only lived in the home for 2 years. I have been paying all the bills for 14 1/2 years. Is he really still entitled to the full 1/3?? The home is worth approx. 150,000. We paid 78,000. I want to take him back to court to try to reduce his share. Can I? Thank you.


Asked on 2/15/05, 7:08 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Equitable Distribution of Property

In your question, you state that "[o]ur agreement states he receives 1/3 equity..." That answers your question. Because you agreed to it, you are bound by it. For whatever reason, you found it fair when you signed it. You do not have the right to "undo" your agreement just because it does not appear to be fair 14 years later. It appears to me that you are bound to your agreement. 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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Answered on 2/15/05, 7:49 am


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