Legal Question in Family Law in New Jersey

Profit from sale of home

My husband and I will be separating and have our home up for sale. He is getting unbearable to live with (verbal abuse; some physical) and I want to move out. Will I still be entitled to profit of the house sale if I do not pay the mortgage and utility bills? At the moment we are agreeing that I will get at least $60,000 and he will get up to $40,000 and if profit is over that (which I doubt it wil be) that will be split 50/50.


Asked on 8/21/06, 3:22 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Profit from sale of home

You said, "right now we are agreeing ...". I would try to lock that up as soon as possible. Divorces almost always end in a settlement and there will be some comprimise. The fair way to handle it would be to see what you are owed after the sale of the house and then deduct your share of the mortgage and bills that you didn't pay. If there is anything left, then you can keep it.

If this is all there is, you may still want to at least consult with an attorney because there may be other issues you are not thinking about. My initial consultations are always free, so you can call me at 732/247/3340 and we can discuss your case in more detail. I will then give you a quote for my retainer and you may decide that you can do it alone or you may want an attorney to be safe, but at least you looked into it.

Good luck!

Jef Henninger, Esq.

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Answered on 8/21/06, 3:55 pm
Gary Moore Gary Moore Attorney At Law

Re: Profit from sale of home

You are entitled to fifty percent of all assets acquired during the marriage and are responsible for fifty percent of all debts acquired during the marriage.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/21/06, 4:02 pm


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