Legal Question in Family Law in New Jersey

Property Agreement

I'm married but separated for 3 years. We have a two family home and I alone have been paying all house expenses (mortgage/taxes/insurance & maintenance, he claims he cannot help me since he has to pay rent. He has asked me to buy him out, will his 1/2 of the equity be according to what the house was worth when he left the house (I filed a restraining order against him, so he had to leave) or will the equity be based on what the house is worth now and of course minus what is owed.


Asked on 4/01/03, 7:31 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Property Agreement

You arguably have a claim for the amounts that you have contributed, from your sole money, that have enhanced his value. This would likely include the paydown on the mortgage and any improvements to the house. There may be other offsets that could be determined by a careful analysis of your entire situation. You must keep in mind, however, that this advice is based purely on the little bit of information that you have given to me. There certainly could be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 4/02/03, 8:04 am


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