Legal Question in Family Law in New Jersey

Re: Can I Be Forced To Sell Our Home?

This is a fact sensitive issue which often turns on the particular facts and the equities of the parties. Given the fact that your oldest child has started high school, and you are disabled, a Court will typically want to see him finish school where you live. If there are other assets to trade off (for example a pension that your wife has) you may be able to keep the home by using it to to buy her out. Both parents have an obligation to pay child support so she will have to pay whether she likes it or not; and given your apparent disability, she may have to compensate you as well. Of course, it wll come down to how much money she makes, you receive in disability or other payments, etc. She will be allowed to to have a roof over her head, etc.

Good Luck with your matter.

Re: Can I Be Forced To Sell Our Home?

The law regarding equitable distribution of marital assets is not so simple. There is not a yes or no answer to your question. However, there is no law that I know of which states that one parent can not force the sale of a marital home until the children are 18. Quite simply, it depends upon many factors and circumstances. If you would like to further discuss this matter, please contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

Re: Can I Be Forced To Sell Our Home?

By leaving the home, she has not abandoned her interest in the premises. She is still entitled to equitable distribution of same. That does not mean, however, that she would necessarily get half or that she would receive her share immediately. I believe it is likely that you would be able to stay in the home or at least in a home that is comparable to what you have. How these things work out would depend on a number of factors that I can not determine without knowing more information. However, it appears on its face, that you have a good position. 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