Legal Question in Family Law in New Jersey

If I own a house with my brother 50/50 and he going through a divorce. Now his wife whom owns 50% of his share no longer wants to make payments. She makes over 100000 a year. Why should I suffer or have to ruin my credit.

Asked on 4/14/13, 9:48 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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You are operating under a false assumption if the first part of your question is accurate. You say that you own the house with your brother 50/50. That means that, absent a writing to the contrary, the two of you have the obligation to pay all costs and expenses equally. His wife does not necessarily own 50% of his share. That would be up to the Court to decide in his divorce proceedings if the two of them cannot come to an agreement. Your issue is with your brother, not his wife. If he does not pay for his half of the obligations, you can file what is called a Partition Action in Court to either force him to pay his share or require him to sell his share to you or the house will be sold. This might get complicated because of the divorce, but the Courts will sort it out, again, absent an agreement of all parties. You certainly should see a lawyer about this.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner

Answered on 4/14/13, 10:39 pm

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