Legal Question in Family Law in New Jersey
Do I have to sell the house?
My wife and I are considering getting divorced. We have two adult age children who are attending college. We do not have enough money for one of us to move out. Can one of us force the other to sell the house and split everything up now? Do the adult kids have anything to do with the selling of the house?
2 Answers from Attorneys
Re: Do I have to sell the house?
The adult children have nothing to do with the decision to sell the house or not. If you and your spouse can not agree, then yes, the Judge will decide how to divide the value of the house and the other assets (including pensions) that you have. Before agreeing to anything, you need expert advice from an experienced divorce attorney.
If you are in northern NJ, I could assist you. If not, call me and I will try to find you an attorney in your area.
I am at 973 890 0400
Re: Do I have to sell the house?
What is necessary is that the marital estate be divided between the two of you. How is up to you, prior to trial. You can buy out her equity or she can buy out your equity which means that the current mortgage is paid off and the buyer assumes a large mortgage. The question is whether either of you is willing to do this. If no one is able to buy out the other and there is no other marital asset would could be used to offset the other's equity claim, the house will have to be sold.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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