Legal Question in Family Law in New Jersey
The House
I am getting divorced. Due to the housing market, having difficulty selling house. Wife is moving out soon and I am stuck with a mortgage I can't afford on my own. The mortgage is my name solely but we bought the house while married. I might have to sell the house for a loss or if I can't sell refinance to an interest only loan to afford payments. Do I have any case against her in this matter or can she just up and leave and I'm stuck with the housing bills. We've been through mediation so we're not arguing over anything else. This is my main concern right now.
3 Answers from Attorneys
Re: The House
Sounds like you don't have an attorney. I suggest you at least talk to one as this issue has to be dealt with. A motion needs to be filed and this issue must be resolved so this doesn't fall on you.
Re: The House
Since the house is a marital asset, so is the debt. If the house is sold at a loss, she is also responsible for part of that loss. You need to see an attorney quickly to get this resolved or you will be stuck with this debt.
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 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
Re: The House
You are equally obligated to pay marital debt and the mortgage is marital debt. Do you have children?
If she moved with the children that is one thing. If she moved out with nor child that is quite another matter.
It seems that you are going to suffer some kind of loss. Hopefully you will be able to pay off the mortgage.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com