Legal Question in Family Law in New Jersey

I am thinking of possibly separating from my spouse. If I leave the home and no longer contribute to the monthly mortgage payment, will this effect my rightful portion of the 50% of the equity? At waht point can I force my spouse to sell the home so that I may retrieve my portion of the equity.


Asked on 2/26/10, 1:29 pm

3 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

Your share would at least be reduced be adjusted for what you did not pay or you could be compelled to contribute.

A forced sale may take place as late as after a divorce and even alter if children are present.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

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Answered on 3/03/10, 1:52 pm
Robert Davies The Davies Law Firm, P.A.

You should not move out until you talk to a divorce attorney. You could cost yourself a lot of money and trouble.

Your questions are reasonable, and important. It is not possible to give you a short answer.

There is a lot involved in a divorce. You really need to sit down with an attorney and get some guidance. The decisions you make now will have a profound, serious and long lasting effect upon you and, if you have any children with this person, it will also affect your children's lives.

Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. 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: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.

For more information, see my website: http://www.attorneyrobertdavies.com

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Answered on 3/03/10, 2:05 pm
Gary Moore Gary Moore Attorney At Law

If you have children and a mortgage, it is not so simple to just walk away. You should consult with an attorney before you take any action. The mortgage company will still look to you to pay the mortgage and a foreclosure on the house will ruin your credit and possible put you into debt.

The Court will not easily release you from your immediate obligation to support your family in the manner in which you have up to this point, until your divorce case is resolve and, perhaps, not even then.

Calm down and cool down and be clear headed.

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Answered on 3/03/10, 2:17 pm


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