Legal Question in Family Law in New Jersey

Properties Listed According to Divorce Decree - Did not Sell

At the time of my divorce in 1991, my ex and I co-owned 2 investor condos. The divorce stated that I was responsible for all repairs, etc and entitled to all rents. I was to either pay my ex

her share of the equity in the properties in 30 days or list them for sale.

I listed them almost constantly (took them off market per realtor's advise for ahwile), but they did not sell because they are tenanted with 2 year leases and no one wanted to purchase them except those who wanted to move in promptly.

A month ago (8 years from divorce), I received a motion telling me that my ex tried to reach me (she didn't call or write) and that she wanted to have the houses listed to get her money.

I don't know if I should just answer the motion

(no oral argument requested) or get an attorney.

Since the homes were listed, but didn't sell over the years, will the judge be satisfied that they are still listed according to the divorce or is it probable that he will demand something else from me?


Asked on 9/12/99, 6:35 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Properties Listed According to Divorce Decree - Did not Sell

If you have the money (from other assets, such as stocks or bank accounts), the Court may require you to pay her. If you have no liquid assets and if you can show the Court you are doing everything you can to sell the properties, then there is not much else that the Court could make you do. It seems that the best solution here would be to transfer one of the investment properties back to your ex, and then even up with money if the two properties are not of equal value. If you feel confident that you can communicate your position to the Court, then answer the motion on your own. If not, seek the advice of counsel. If you want me to assist you, feel free to call me at 856-546-8010. Good luck!

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Answered on 9/14/99, 11:03 pm


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