Legal Question in Real Estate Law in New Jersey

Can Ex-spouse force former spouse's new husband to buy him out ?

I am divorced for almost 5 years. My ex-husband & I sold our former marital home and wound up purchasing another home with the proceeds, making us 50/50 partners in the property. My prop.settlement agreemnt states ''the wife and 3 children shall have exclusive rights to live in the residence until the age of the youngest child's emancipation,'' at which point the house is to be sold and the proceeds split 50/50.

I, alone, hold the mortgage on the home. I had a 5-year alimony settlement. The last month of alimony is Oct 2005. After that it is only child support.

I am getting married in February, and since I live here with my three children, this is where we will reside once married (my fiance has maintained his own residence throughout all this).

My ex claims my soon-to-be husband has to ''buy him out''

My questions are:

1. Is this so, especially if the prop setl agrmt agreement states nothing about my getting remarried? It just states the children and I have exclusive rights to live here

2. What are my rights?

3. What are his rights?

4. Is there case law on the books pertaining to this?

Cohabitation is a non-issue, since we'll be married and alimony will be finished.

Thank you.

Carol

2 Answers from Attorneys

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