Legal Question in Family Law in New Jersey
Can he force my parents to sell their home? Please help!
My parents home is in my name. My husband and I put down the down payment, but over the years my parents paid all the expenses and mortgage payments. We are in the process of a divorce, and I understand that since this home is in my name it's part of the marital assets. -- But when we separated I moved out and unable to afford my own place I temporarilly moved in with my parents. In calculating our settlement agreement & expenses I assumed that the living expenses I will soon have re: renting an aparment would be included. -- But now he's claiming that I have to live my parents (since their house is in my name) and therefore am not entitled to any financial consideration re: renting an apartment since I already have a place to live. -- he's also going to try to force me to sell my parent's home. Can he legally do this? Do my parent's have any rights in this regard? And am I not entitled to the financial consideration usually given to the party who is not living in the marital home to allow for the necessary expense of establishing a new residence?
2 Answers from Attorneys
Re: Can he force my parents to sell their home? Please help!
Let's sort this out: There are several issues that need to be resolved first before an answer can be given to your question. The main issues I see are (1) what was the intent of the parties, [your parents, you and your spouse] when the house was first purchased and put in your name? (2) What financial contributions, if any did your parents make and what written documentation was signed - and by whom - at the time of the purchase? (3) What are the needs of the divorcing parties and their respective abilities to earn money? (4) How will other assets of the marriage be divided?
These are only the beginning of the issues that will need to be discussed. Even the answers to these questions will bring up other issues. The simple answer to your question is that your husband cannot "force" you to do anything. But a Judge can. That is why it is important for you to get competent legal representation to review your situation in detail and work up a strategy that make sense.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner
Re: Can he force my parents to sell their home? Please help!
I am very surprised that you have not taken this issue to your divorce attorney and gotten some answers. There are several issues involved, and a great deal of money is on the line.
Ask your lawyer first. Shame on you if you do not have a lawyer; go find a divorce attorney reasonably close to you and hire that attorney now. today.
YOur parents are also involved in this mess, and it would make sense for them to sit down with a different attorney (who will work only for them) and get some legal advice. their money is now mixed up in your divorce.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. 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: 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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
