Legal Question in Family Law in New Jersey

Marital Home and Divorce

I've been divorced for 15 yrs. NJ Superior court papers allowed for my ex to retain 100% of the marital home. Mutual agreement stated that I have no legal right or interest in the property. However, my name was never removed from the mortgage and there was never a refi. Now late pays and foreclosures on the property by my ex are destroying my credit. Can I file a motion to force my ex to refi in order to get my name off this property? This activity has and is causing me serious harm and damage. Thank you


Asked on 5/16/08, 11:11 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Marital Home and Divorce

Yes, you can and you should.

Read more
Answered on 5/17/08, 9:17 am
Gary Moore Gary Moore Attorney At Law

Re: Marital Home and Divorce

Yes, you can.

Call me if you like.

Gary Moore, Esquire

Hackenaack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 5/17/08, 10:02 am
Robert Davies The Davies Law Firm, P.A.

Re: Marital Home and Divorce

You must go to court. There is no way for your ex to refinance, because your ex can not even pay the existing mortgage on time. The only other way would be for your ex to sell the property.

You need a New Jersey lawyer to assist you. You do not say what county your divorce took place in.

I have a very unpleasant question: did your divorce attorney completely overlook this problem? It is a very simple matter to make certain that you can not be harmed like this, for example by making your ex refinance or sell within a short time of the divorce.

If your divorce took place in northern NJ, I would be able to assist. Please call my office if you would like my assistance. I would be happy to speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 5/17/08, 12:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey