Legal Question in Family Law in New Jersey

My husband and I have been separated for 2 years after he started his business with China and later moved and is now living in China. While we talked about divorce then, due to 3 properties and 4 mortgages and bad housing market in USA these years, we still haven't actually filed divorce till now. However, we still have 2 properties, 3 mortgages left after our marriage fell apart and the current market value is below what we owed. We've been behind mortgage payments on one property and is about to be behind on our primary home in NJ. I have 2 children aged at 14 and 17. If file divorce, how do I enforce his liability on mortgage debt? If there is no profit out of selling the properties (short sale), he would have no interest in signing the sales contract and closing document, especially the fact that he has to go through tedious and costly procedures to have those doc notarized in China before used in USA. What kind of judgment would enforce him to sign the sales of our properties or can a court order serve as a waiver of his signature during the sales (short sale) of these properties?


Asked on 1/08/10, 1:48 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Once you file for divorce and the subsequent division of martial property, the court can order a sale of the property although there may be a non-cooperating spouse.

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Answered on 1/13/10, 6:01 am


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