Legal Question in Family Law in New Jersey

Hello,

I recently was divorced in the state of New Jersey. My Ex-Spouse and I both were awarded a no fault divorce through mediation. My ex no longer lives in the marital home as she chose to move out after filing for divorce approx. ten months ago.

Recently, I took control of my personal finances (we had been using a joint account to pay our bills) and agreed to give her half of the money for the mortgage and she could pay half as well.

I have taken on all living expenses including the electric/gas as I feel this is fair and she no longer should be responsible for these expenses. However, she is arguing that I should pay more than half of the mortgage payment because I make more than her annually. I have told her that we are no longer married, and she should be responsible for her share.

She has also expressed that she should definitely receive half of the profits on the home.

(So she doesn't want to pay equally, but wants to profit equally.)

My first inclination is to believe that regardless of my income, she holds title on the mortgage and she IS responsible for half. Am I correct in this assumption?

Thanks in advance for your expertise.

-J. Jackson


Asked on 2/07/11, 11:32 am

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

It is highly unusual for this issue to have not been resolved in the context of the divorce. Was there a Property Settlement Agreement or a determination by a judge as to all of the issues? In order to answer your questions appropriately, more information is needed.

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. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 2/08/11, 6:09 pm


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