Legal Question in Family Law in New Jersey

Property Settlement Concern

I have a question about property settlement. My divorce

states when my home sells me and my spouse will distribute

the profits equally; however can I remain in my home if my

spouse has been out for 7 months and perhaps refinance

offering him that amount. Am I forced to sell? I am the

only one making payments although his name is on the deed

and mortgage. I have offered to refinance removing his

name and pay him what he would get should the home sell.

Can I do this or am I forced to sell a home that I have

lived in and paid for over the past 4 years.

The house has been on the market now for 7 months without

any buyers so I have decided to stay and get a roommate

although my ex states the house has to remain on the

market is this correct? Can't I refinance removing his

name and buy him out?


Asked on 11/27/05, 11:05 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Property Settlement Concern

You should immediately consult an experienced divorce attorney, one who spends over 50 % of his/her time handling divorces.

You need to have the attorney look at the divorce documents and give you solid advices. this is too important to try to figure out for yourself, and then have a serious problem.

If I can assist, please contact me.

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Answered on 11/27/05, 11:26 pm


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