Legal Question in Family Law in New Jersey
parents filing a lien against account held in escrow
During the marriage my parents loaned me 10K to put in a new deck and kitchen. My wife filed for divorce, we sold the house and had made a nice profit. The monies are in escrow b/c our divorce is not final. My parents want their money back. This was a loan that I couldn't pay back right away, but, now since we sold the house there is money for them. 3 questions
1) Can they file a lien against the account in escrow?
2) If not, is there any other way to get it?
3) Does this money come from both parties?
2 Answers from Attorneys
Re: parents filing a lien against account held in escrow
The loan by your parents is a marital debt to be part of equitable distribution of assets and liabilities acquired and incurred during the marrige. The funds from the closing should be held by the closing attorney and possibly deposited with the Court as part of the divorce for distribution when the is a final disposition in the action for divorce.
I would suggest that you hire an attorney for your divorce because this form of legal consultation is of limited value.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: parents filing a lien against account held in escrow
I have read Attorney Gary Moore's response, and he is correct, this is a debt incurred while you were married, and the money used for improving the house, and so repayment of this debt should be part of the divorce judgment.
I am surprised that your divorce attorney has not given you some advice on this. If you do not have a divorce attorney, I strongly suggest that you hire one, now. Find someone who spends at least half of their time on divorce work, and has some experience, and is located reasonably close to you.
If you would like, give me a call. 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, and I will give you a free initial consultation.
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