Legal Question in Family Law in New Jersey

Re: house after divorce

I would have to see the PSA. If you just gave up the house then she could do anything she wants with it unless there is some provision restricting her right to sell the house.

My initial consultations are free and I have an office in Toms River, so call me at 732/247/3340 to discuss your case.

Re: house after divorce

The PSA (property settlement agreement) should spell out the distribution of the various assets such as the former marital residence. Sometimes the agreement might require the postponed enjoyment of equity of the asset to allow the children to be housed while attending school until a specfic date such as high graduation or the like. Once the the condition has been met you would then get your share of the equity.

In other cases, there are offsets where a spouse receives a larger portion of an offsetting asset such as a large 401K plan, or pension rather than to sell an asset. In such case, you may have gotten to keep your entire pension to offset the value of your share of the equity in the former marital residence. What does your agreement state? Please contact me or another attorney to review the PSA.

Re: house after divorce

There is a difference between allowing you wife to remain in the house until the children are emancipated, retaining you interest in the house, and giving her the house. If it is her house and there is no provision in the property settlement agreement for your have a interest in the house, she gets it all. Of course this opinion might change if I were able to read your property settlement agreement with your wife.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com