Legal Question in Family Law in New Jersey

property settlement

final divorce states i may reside in the family home until my youngest child turns 21, 10 years from now. i pay all expenses and mortgage payments. one year after the divorce my ex is takeing me to court to force me to buy him out of the property, states i am not keeping up the house to his standards, not true, and that i have other adults residing in the house, my 20 year old who always lived here and my 78 year old terminally ill mother. he states in his paperwork that i promised to by him out and changed my mind, never happened. can he force the sale of the house even though we had a non contested divorce that we both attended and agreed with? he is unable to get a mortgage because his name is still on this house. couldnt he sign the house over and releve himself of responsibility? is he still responsible for half the bills, and repairs? thanks


Asked on 11/16/05, 10:43 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: property settlement

Your problems are not uncommon. You need to hire an attorney and fight him. You should find an attorney who is experienced in divorce matters, located fairly close to you.

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Answered on 11/17/05, 7:46 am
Gary Moore Gary Moore Attorney At Law

Re: property settlement

If you the subject agreement was made part of the final judgment of divorce or a property settlement agreement you would appear to be on solid ground.

I would suggest that you might avoid the entire legal confrontation if you are able to refinance in your own name only. Of course he would be compelled to deed his interest in the house to you accompanied by recording with the county registry of deeds and mortgages, AFTER THE RECORDING OF THE NEW MORTGAGE a consent order entered in your matrimonial matter which restates whatever he is entitled to in the house and the subject requirement of the sale of the house at the required time.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/17/05, 9:08 am


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