Legal Question in Family Law in New Jersey
Exspouse still residing in jointly owned property
Divorce settlement, after 36 years of
marriage, stated that jointly owned
marrital home was to be sold and
proceedes divided evenly. that was
over 5 years ago. Ex has made it clear
verbally that he does not wish to sell or
buy me out. After consdierable
prodding, the house was finally put up
for sale last spring after real estate
market deminished. It was taken off the
market after 6 months. Few of the
significant inprovements were
implimented and those that were were
completed months after target date. He
refused to remove an inground 30 year
old oil tank. In addition to lack of
financial benefit from the property, I
understand that my credit rating can be
affected by any financial indescretion of
my ex-husband. Also, will the IRS
prevent me from obtaining tax benefit
from sale of house after all this time?
There is no buy-out clause in the
divorce settlement. How do I obtain
relief?
3 Answers from Attorneys
Re: Exspouse still residing in jointly owned property
You must file a motion for equitable relief of your litigant's rights under the divorce action.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattormeyatlaw.com
Re: Exspouse still residing in jointly owned property
As the other lawyers said, hire an attorney and sue him. You can not persuade him to do the correct thing, so you need to go to Court. And ask the Court, in addition to everything else, that he be forced to pay YOUR attorneys' fees and costs of forcing him to comply with the divorce judgment.
Find and hire an aggressive, experienced divorce attorney.
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.
Re: Exspouse still residing in jointly owned property
You need to go back to court and file a motion. There is nothing else you can do. Normally, I would say you can probably do this by yourself. However, I would suggest getting an attorney to handle this for you as the length of time that you delayed to do anything about this may have an impact on your case. If he hires a good attorney, I'm sure he or she can at least cause problems for you and really drag this out. You need a good attorney to try to stop that from even being an issue.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case. I have offices in New Brunswick and Toms River and we serve all of New Jersey.
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