Legal Question in Family Law in New Jersey
property settlements
my ex, and I never had a property settlement in our divorce. i'm trying to refinance now and buy her out. the appraisal came back higher than we anticipated. She had originally agreed to accept $100k. but i'm sure she will want more,now. is she responsible for 1/2 of all taxes and insurance paid since we've owned the property?
3 Answers from Attorneys
Re: property settlements
Sounds real messy. I suggest you get an attorney to tie ALL of the loose ends up, not just the house. You need a good PSA to really clean all this up. I would also be careful of putting much weight in the appraisal; its more art than science. I've seem them vary by more than 40%. Also keep in mind that this is a really bad market right now. My clients are having a tough time selling their houses.
My initial consultations are always free, so call me at 732/247/3340 and we can discuss your situation in more detail.
Re: property settlements
ouch! you and your ex have left things not done that needed to be done. you really need a lawyer to clean this up. you are out the taxes, upkeep, etc. and you really do not want to just give her a lot more money because the appraisal came in higher. i suspect you may have other things which need to be taken care of.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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Re: property settlements
Is your divorce final? When you get divorced, the final judgment is supposed to cover all issues of equitable distribution which is the division of the marital home, debt, carrying costs etc. If the divorce is final, and the judgment says she has to take $100,000 then that is a final judgment. To the extent carrying costs, etc. are not covered, you might be out those funds if have paid them. I would be happy to look over your documents and give you a better answer.
Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.