Legal Question in Family Law in New Jersey

My now ex husband and I own a home together. It is up for sale and we are supposed to each pay half of the mortgage and taxes (and repairs), sell it and then split any profit. He moved out about a year ago to another state. I reside there with my kids. I pay all of the utilities since we live there. He has stopped paying his half of the mortgage and refuses to pay for repairs (heater died last week $3,000 out of MY pocket). If he chooses to stop paying and doesn't care about losing the house and ruining his credit, do I have any rights to force him to sign over the house to me so I do not ruin my credit or lose the home? At least if he signs it over to me he will also save his credit.

Thank you.


Asked on 1/13/10, 8:01 am

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

You can file a motion to force him to sell his share

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Answered on 1/18/10, 8:18 am
Gary Moore Gary Moore Attorney At Law

What you propose is definitely feasible.

Call me if you like.

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Answered on 1/18/10, 8:30 am


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