Legal Question in Family Law in New Jersey
Stuck with an unreasonable interest rate
I don't know if this should be listed under real estate or family law. I have been separated from my wife for 3 years. My 2 children, of whom I have sole custody, live with me in my single family home in NJ. I have been living here for 7 years yesterday. She has been gone for 37 months, never having returned for one day. Originally my mortgage came with an interest rate of 7.50%. I am now disabled and am finding the monthly principal/propert tax payment of $1255/mo a financial hardship. I have solely made this monthly payment during these 37 months. If I could refinance to a lower interest rate (neighbors have gotten 5.75%) it would do wonders for my bank account. The problem is that my wife's name is on BOTH the mortgage and the TITLE of the home and SHE WILL NOT AGREE TO SIGN the refinance application. She actually states: ''I want to be a spiteful bi---!'' Is there ANYTHING I can do about this situation? She hasn't asked me for anything but she just wants to make my life as miserable as possible. There's so much I could do for my kids with the extra money (a couple of hundred) saved each month. Help, please!
2 Answers from Attorneys
Re: Stuck with an unreasonable interest rate
You could file for divorce, and seek a court judgment giving you custody, child support, financial assistance to you (you are now disabled and if she is working, you might be able to obtain this), equitable distribution of assets including the house, and other relief.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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.
Re: Stuck with an unreasonable interest rate
This could be accomplished by filing a divorce action and getting this done in the context of the divorce. I would assume that you have many other issues as well. You need to seek a divorce lawyer immediately.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
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