Legal Question in Family Law in New Jersey

Family Law/sale of marital home

My ex wife and I were divorced in 2005. The divorce agreement indicated that we should sell the home immediately. The market has not permitted that. She resides there. My two daughters also when home from college and a high school son. Home still on market. Her boyfriend moved in last week because she insists that she cannot afford upkeep. I pay alimony and child support. What concerns should I have regarding this boyfriend living in my house? Does he come into any legal share of the property?What papers can I come up with to safeguard any of this?


Asked on 5/26/09, 8:10 am

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Family Law/sale of marital home

You could file a motion to terminate your alimony and to force her to sell the house.

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Answered on 5/26/09, 9:09 am
Gary Moore Gary Moore Attorney At Law

Re: Family Law/sale of marital home

Cohabitation can be a basis for terminating your alimony obligation.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/26/09, 11:32 am
Gary Moore Gary Moore Attorney At Law

Re: Family Law/sale of marital home

I did not answer all of your question. He has no rights from living on the premises. Whatever contribution he makes is merely rent.

Make certain that the homeowners' insurance coverage in in full force and effect.

It seems unfortunate you did not sell years ago when your house was probably worth a lot more. If you want to compell the sale of the house now you will have to ask the Court to order the

sale of the house, now, for its fair market value.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/26/09, 11:43 am


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