Legal Question in Family Law in New Jersey

selling real estate from a divorce

in the divorce agreement it states the property is to be sold the mortgage is to be satisfied, and the remainder split. since the divorce the property jhas been refinanced which mortgage is to be satisfied?


Asked on 6/11/08, 1:58 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: selling real estate from a divorce

When you sell real estate the buyer will always require that all outstanding mortgages be paid off, in full. The idea is that the property is to be sold.

Gary Moore

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Answered on 6/11/08, 2:36 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: selling real estate from a divorce

To pick up on what Mr. Moore said, I think what you are getting at is, are you on the hook for the new balance of the mortgage. The answer is no, but you may want a court order now to get ensure that there are on issues.

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Answered on 6/11/08, 3:03 pm


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