Legal Question in Civil Litigation in New Jersey

I am asking if I have any rights to sue based on the following criteria. My ex-wife had us refinance the home after she asked me to leave. The deed is in both names but the mortgage is only in mine, contending her credit was a problem. I paid the full mortgage for several years after I left. At the time of divorce the courts had me pay alimony instead of the mortgage and clearly stipulates that she is to pay the mortgage if she lives in the home. She has not made a mortgage payment in over 22 months and refuses to make any effort to pay it. She has made statements that she does not care since it is not her credit. The home is in foreclosure but that process is very slow and she has successfully destroyed my credit in the interim (until I can put an end to the situation with a home sale, which she has been controlling and manipulating, or the foreclosure happens and I can remedy in court with the divorce agreement).

Is there anything I can do in the meantime to have her removed or press charges that she is deliberately and purposefully living in the home and refusing to make any effort to make these payments as the divorce agreements stipulates?

The last time I was in court the Judge stated that this will be resolved when the house is sold but this has been dragging on for almost two years now. I would like my credit and my life back.


Asked on 12/23/10, 8:30 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

You are correct, she is forcing foreclosure, and you are the one to suffer.

Yes, you should be able to get a Judge to put a stop to this nonsense, and give you the power to get the house listed and sold. You also want her to pay for the damage she caused.

Every month she lives there rent free is another month you are being damaged.

You really have to go to Court to get this stopped. She has no reason at all to get the house sold.

You are near my office. Give me a call, make an appointment to come see me, and let's get moving on this for you. I am careful to be as inexpensive as I can be, and I do get the job done for my clients.

-Robert Davies, Esq. 201-820-3460

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 12/29/10, 3:25 pm


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